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If Janus does not apply, then its back to organization as usual, with Washington attorneys becoming forced to subsidize a RICO enterprise in order to practice law. I expect there will be a period of uncertainty, and probably some modest expansion in the varieties of bar activities discovered to be to be beyond the scope of the asserted regulatory interest. But I study Janus as somewhat limited, in that it’s rejecting the particular “free rider/labor peace” interests that the Court had previously accepted in Abood. Carolina Dental did not add new requirements for the WSBA instead, it applied the extended-settled antitrust exemption principles set out in the bar association circumstances (Goldfarb, Hoover v. Ronwin) to other state regulatory boards. There is, as a result, no want for antitrust-related structural changes in the WSBA, and the Operate Group could determine to location these proposals in the Chief Justice’s “no change” bucket.
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