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Case 2:19-cv-11962-LMA-JVM Document 106 Filed 08/08/22 Page 12 of 33

IV. LAW AND ANALYSIS

Plaintiff’s primary claim is that compelled membership in the LSBA violates

his First and Fourteenth Amendment rights, even if the LSBA engages only in

germane activities (“first claim”). In the alternative, plaintiff claims that compelled
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membership in the LSBA violates his First and Fourteenth Amendment rights

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because the LSBA engages in non-germane activities (“second claim”). Finally,

plaintiff claims that the LSBA’s objection procedures fail to ensure that his

mandatory dues are used only for germane activities, in violation of the First and

Fourteenth Amendments (“third claim”). The Court will consider the justiciability
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of plaintiff’s claims before proceeding to the merits.

A. Standing, Mootness, and Ripeness

Article III of the U.S. Constitution limits federal jurisdiction to justiciable

“Cases” and “Controversies.” A plaintiff must have standing to meet the “case-or-

controversy” requirement. McCardell v. U.S. Dept. of Housing, 794 F.3d 510, 516–17

(5th Cir. 2015). The party invoking federal jurisdiction bears the burden of

establishing standing. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992). “Most

standing cases consider whether a plaintiff has satisfied the requirement when filing

suit, but Article III demands that an ‘actual controversy’ persist throughout all stages

of litigation.” Hollingsworth v. Perry, 570 U.S. 693, 705 (2013). Additionally, “a

plaintiff must demonstrate standing separately for each form of relief

54 R. Doc. No. 1, at 13 (First Claim for Relief); R. Doc. No. 92, at 8.
55 R. Doc. No. 1, at 15 (Second Claim for Relief); R. Doc. No. 92, at 8.
56 R. Doc. No. 1, at 17.

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