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Jarchow v. State Bar of Wis.

United States Court of Appeals for the Seventh Circuit

December 23, 2019, Decided

No. 19-3444

Opinion

The following is before the court: MOTION FOR SUMMARY AFFIRMANCE, filed on December 16, 2019, by counsel for the appellants.

This court has carefully reviewed the final order of the district court, the record on appeal, and appellants' motion for summary affirmance. Based on this review, the court has determined that further briefing would not be helpful to the court's consideration of the issues. See Taylor v. City of New Albany, 979 F.2d 87 (7th Cir. 1992); Mather v. Village of Mundelein, 869 F.2d 356, 357 (7th Cir. 1989) (per curiam) (court can decide case on motions [*2]  papers and record where briefing would not assist the court and no member of the panel desires briefing or argument). "Summary disposition is appropriate 'when the position of one party is so clearly correct as a matter of law that no substantial question regarding the outcome of the appeal exists.'" Williams v. Chrans, 42 F.3d 1137, 1139 (7th Cir. 1995), citing Joshua v. United States, 17 F.3d 378, 380 (Fed. Cir. 1994). The district court, in its thorough and well-reasoned order, correctly held that the appellants' claims are foreclosed by Keller v. State Bar of California, 496 U.S. 1, 110 S. Ct. 2228, 110 L. Ed. 2d 1 (1990). Appellants have preserved their position for review by the Supreme Court.

Accordingly, IT IS ORDERED that the appellants' motion is GRANTED, and the judgment of the district court is summarily AFFIRMED.

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2019 U.S. App. LEXIS 39345 *

ADAM JARCHOW and MICHAEL D. DEAN, Plaintiffs - Appellants v. STATE BAR OF WISCONSIN, et al., Defendants - Appellees

Prior History:  [*1] Originating Case Information: District Court No: 3:19-cv-00266-bbc. Western District of Wisconsin. District Judge Barbara B. Crabb.

Counsel: For ADAM JARCHOW, MICHAEL D. DEAN, Plaintiff - Appellants: Richard M. Esenberg, Attorney, WISCONSIN INSTITUTE FOR LAW & LIBERTY, Milwaukee, WI; Andrew M. Grossman, Attorney, BAKER & HOSTETLER LLP, Washington, DC; David Boris Rivkin, Attorney, BAKER & HOSTETLER LLP, Washington, DC.

For STATE BAR OF WISCONSIN, STATE BAR OF WISCONSIN BOARD OF GOVERNORS, CHRISTOPHER E. ROGERS, JILL M. KASTNER, KATHLEEN A. BROST, Defendant - Appellee: Roberta F. Howell, Attorney, FOLEY & LARDNER LLP, Madison, WI.

Judges: Before JOEL M. FLAUM, Circuit Judge. FRANK H. EASTERBROOK, Circuit Judge. MICHAEL Y. SCUDDER, Circuit Judge.

Opinion by: JOEL M. FLAUM