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Case 2:19-cv-11962-LMA-JVM Document 106 Filed 08/08/22 Page 15 of 33

purposes of determining the justiciability of plaintiff’s second claim, it is helpful to

divide the allegedly non-germane activities contained therein into three categories:

(1) activities that occurred prior to McDonald, (2) activities occurring after McDonald,

during the course of this litigation, and (3) activities that plaintiff alleges the LSBA

is likely to undertake in the future. The Court concludes that plaintiff’s claim as to

activities occurring after McDonald is justiciable. However, his claims as to past and

future activities are nonjusticiable, as set forth below.

Plaintiff’s claim is moot insofar as he challenges the LSBA’s former legislative

positions and now-rescinded policies of the House of Delegates, which occurred in the

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past and are not ongoing. As set forth in greater detail above, in the wake of
McDonald, the Louisiana Supreme Court expressly amended its Rule XVIII, which

governs the Louisiana State Bar Association, to require that the LSBA comply with

the constitutional requirements expressed in the McDonald decision. Further, in
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January 2022, the House of Delegates approved resolutions to rescind all existing

legislative policy positions, to recognize that the LSBA is bound by Louisiana

Supreme Court Rule XVIII, § 6, and to suspend “any [LSBA] activity not within its

scope, including but not limited to any action with respect to legislative policy

provisions previously adopted by the House of Delegates (which provisions are now

obsolete and no longer effective under the text of the Rule).” Finally, more than a
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58 Plaintiff admits that these policies “are no longer in effect.” Boudreaux at 48:13-16.
59 Pipes at 128:1-5; Kutcher at 153:7-16; Defs. Exh. 3, La. S. Ct. Rule XVIII.
60 Kutcher at 125:12-126:25; Defs. Exh. 53, Board of Governors Minutes and
Resolution Regarding Rule XVIII, Section 6; Defs. Exh. 54, Bar Governance
Committee Resolution Regarding By-Laws Revisions (Doc. 71-1); Defs. Exh. 55, Bar

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