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Case 2:19-cv-11962-LMA-JVM Document 106 Filed 08/08/22 Page 17 of 33

Relatedly, insofar as plaintiff asserts that defendants are likely to engage in

non-germane activities in the future, such claims are too speculative and remote to

support standing. Clapper v. Amnesty Int’l USA, 568 U.S. 398, 409, 409 (2013)

(“[T]hreatened injury must be certainly impending to constitute injury in fact, and

. . . allegations of possible future injury are not sufficient[.]” (emphasis in original)

(quotation omitted)). Additionally, the hypothetical nature of plaintiff’s concerns

renders the claim unripe. See, e.g., Orix Credit All., Inc. v. Wolfe, 212 F.3d 891, 895

(5th Cir. 2000) (“A case is generally ripe if any remaining questions are purely legal

ones; conversely, a case is not ripe if further factual development is required.”).

B. First Amendment Claims

The Fifth Circuit recently elaborated on the First Amendment’s applicability

to mandatory bar associations in Boudreaux and McDonald. In McDonald, the court

surveyed the two Supreme Court cases considering First Amendment challenges

pertaining to mandatory bar associations—Lathrop v. Donohue, 367 U.S. 820 (1961),

and Keller v. State Bar of California, 496 U.S. 1 (1990)—and noted that these cases

left several substantial First Amendment issues in this context unresolved. See id. at

243–44.
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claims are therefore retrospective, and [Ex Parte] Young will not save them.”
(emphasis in original)). Additionally, because the Court concludes that plaintiff’s
claims are moot insofar as they pertain to previous conduct and policies that have
since been ceased and repealed, respectively, the Court declines to reach defendants’
argument that such claims are time-barred pursuant to the one-year statute of
limitations for § 1983 claims.
64 The court summarized Lathrop and Keller as follows: “Lathrop held that lawyers
may constitutionally be mandated to join a bar association that solely regulates the
legal profession and improves the quality of legal services. Keller identified

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