A Nebraska state senator is challenging the status of the Nebraska mandatory state bar (NSBA) in both federal and state court. You can tune in to the oral argument here or here. Interestingly, the senator is a former law student of one of the two attorneys defending the bar.
The bar's defense ran into an unintended complication after the oral argument when a past president of the Nebraska State Bar inadvertently copied the Chief Justice on a congratulatory email to the two attorneys arguing for the bar. Commenting on the oral argument, he wrote "You did a great job and dealt with some ill-conceived and uninformed questions very well." When he realized his mistake, he then sent a message directly to the Chief: "The comments were not directed at you, and I intended no disrespect to the court." ABA Journal reports that the Chief Justice disclosed both emails to his fellow Justices and both parties, with assurances that they won't affect his deliberations. No word on whether objections have been filed, but the NSBA lawyers said in a responsive filing that the bar association doesn't share the past president's views.
