Lucille Taylor v. Robert Buchanan
4 F.4th 406
| 6th Cir. | 2021Background
- Plaintiff Lucille S. Taylor, a Michigan attorney, challenged Michigan’s integrated bar requirement and the State Bar of Michigan’s use of mandatory dues for advocacy as violating the First Amendment (association and speech).
- Taylor conceded the Bar’s challenged activities were "germane" to regulation of the profession and that she did not allege the Bar exceeded Keller’s limits.
- The district court dismissed her claims, relying primarily on Lathrop v. Donohue and Keller v. State Bar of California.
- Taylor argued Janus v. AFSCME (which overruled Abood) undercuts Keller’s foundation, so lower courts should reevaluate Keller and Lathrop.
- The Sixth Circuit held that only the Supreme Court may overrule its precedents; Janus did not overrule Keller or Lathrop and thus those cases remain controlling.
- The court affirmed the district court’s judgment dismissing Taylor’s First Amendment claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandatory integrated-bar membership violates freedom of association | Lathrop and Keller should be reconsidered in light of Janus/Abood; compelled membership violates association | Lathrop/Keller remain controlling Supreme Court precedent; Janus did not overrule them | Court affirmed: claim fails because Lathrop controls |
| Whether mandatory dues used for Bar advocacy violate freedom of speech | Janus undermines Keller’s Abood-based rationale; compelled funding of advocacy is unconstitutional | Keller permits use of dues for activities germane to regulation; plaintiff concedes Bar’s activities are germane | Court affirmed: claim fails because Keller governs and plaintiff conceded germaneness |
Key Cases Cited
- Lathrop v. Donohue, 367 U.S. 820 (1961) (plurality holding compulsory state-bar membership as condition of practice does not violate freedom of association)
- Keller v. State Bar of California, 496 U.S. 1 (1990) (unanimous holding that bar may spend mandatory dues on activities germane to regulation of the profession)
- Abood v. Detroit Bd. of Education, 431 U.S. 209 (1977) (upheld agency-shop fees for union activities related to collective bargaining; later relied on in Keller)
- Janus v. American Federation of State, County, & Municipal Employees, Council 31, 138 S. Ct. 2448 (2018) (overruled Abood and held compelled public-sector union fees for collective bargaining violate the First Amendment)