appeals
feldman
argued
december
decided
march
respondents
filed
petitions
district
columbia
appeals
asking
waivers
district
columbia
bar
admission
rule
requires
applicants
graduated
law
school
approved
american
bar
association
issued
per
curiam
orders
denying
petitions
respondents
filed
complaints
district
district
columbia
challenging
district
columbia
appeals
denials
waiver
petitions
also
challenging
constitutionality
bar
admission
rule
district
dismissed
complaints
ground
lacked
jurisdiction
appeals
district
columbia
circuit
reversed
remanded
held
proceedings
district
columbia
appeals
judicial
nature
involved
judicial
inquiry
called
upon
investigate
declare
enforce
liabilities
stood
present
past
facts
laws
supposed
already
exist
prentis
atlantic
coast
line
respect
respondents
adjudicated
claims
present
right
admission
bar
pp
district
courts
jurisdiction
challenges
decisions
particular
cases
arising
judicial
proceedings
even
challenges
allege
state
action
unconstitutional
review
decisions
may
thus
extent
respondents
sought
review
district
district
columbia
appeals
denials
petitions
waiver
district
lacked
jurisdiction
complaints
district
courts
jurisdiction
general
challenges
state
bar
rules
promulgated
state
courts
nonjudicial
proceedings
require
review
final
judgment
particular
case
accordingly
district
jurisdiction
elements
respondents
complaints
involving
general
attack
constitutionality
district
columbia
bar
admission
rule
pp
brennan
delivered
opinion
burger
white
marshall
blackmun
powell
rehnquist
joined
stevens
filed
dissenting
opinion
post
daniel
rezneck
argued
cause
petitioners
briefs
charles
cochran
robert
sussman
argued
cause
respondent
feldman
brief
william
skinner
michael
healy
argued
cause
filed
brief
respondent
hickey
allen
snyder
elliot
mincberg
filed
brief
conference
chief
justices
amicus
curiae
urging
reversal
justice
brennan
delivered
opinion
must
decide
case
authority
district
district
columbia
appeals
district
columbia
circuit
review
decisions
district
columbia
appeals
bar
admission
matters
appeals
district
columbia
circuit
reversing
district
held
district
jurisdiction
review
district
columbia
appeals
denials
respondents
requests
waivers
bar
admission
rule
requires
applicants
graduated
approved
law
school
vacate
decision
appeals
district
columbia
circuit
remand
case
proceedings
consistent
opinion
discussed
detail
earlier
opinions
changes
structure
district
columbia
system
effected
district
columbia
reform
criminal
procedure
act
pub
stat
see
key
doyle
palmore
purposes
case
three
provisions
legislation
crucial
one
provision
made
inal
judgments
decrees
district
columbia
appeals
reviewable
accordance
section
title
code
stat
codified
code
another
provision
amended
specify
term
highest
state
used
includes
district
columbia
appeals
stat
provisions
make
judgments
district
columbia
appeals
like
judgments
state
courts
directly
reviewable
cases
longer
proceed
local
courts
appeals
see
key
doyle
supra
third
provision
authorized
district
columbia
appeals
make
rules
deems
proper
respecting
examination
qualification
admission
persons
membership
bar
censure
suspension
expulsion
stat
codified
code
provision
divested
district
former
authority
supervise
admission
district
columbia
bar
pursuant
new
rulemaking
authority
district
columbia
appeals
adopted
part
general
rules
rule
governs
admission
bar
rule
proof
legal
education
applicant
graduated
law
school
time
graduation
approved
american
bar
association
shall
eligible
graduated
approved
law
school
within
days
date
examination
permitted
take
bar
examination
circumstances
shall
applicant
admitted
bar
without
first
submitted
secretary
committee
admissions
certificate
verifying
graduated
approved
law
school
respondent
feldman
attend
law
school
instead
pursued
alternative
path
legal
career
provided
state
virginia
involving
highly
structured
program
study
office
practicing
attorney
see
code
addition
work
study
law
firm
charlottesville
feldman
formally
audited
classes
university
virginia
school
law
final
six
months
alternative
course
study
feldman
served
law
clerk
district
judge
passed
virginia
bar
examination
feldman
admitted
state
bar
april
march
year
begun
working
staff
attorney
baltimore
legal
aid
bureau
continued
job
january
like
district
columbia
maryland
rule
limiting
access
bar
examination
graduates
law
schools
maryland
board
law
examiners
waived
rule
feldman
feldman
passed
maryland
examination
later
admitted
state
bar
november
feldman
applied
committee
admissions
district
columbia
bar
admission
district
bar
rule
prior
recent
amendment
allowed
member
bar
another
jurisdiction
seek
membership
district
bar
without
examination
january
committee
denied
feldman
application
ground
graduated
approved
law
school
initially
committee
stated
waivers
rule
exceptions
authorized
following
contact
committee
however
feldman
granted
informal
hearing
hearing
committee
reaffirmed
denial
feldman
application
stated
district
columbia
appeals
waive
requirement
graduation
approved
law
school
june
feldman
submitted
district
columbia
appeals
petition
admission
bar
without
examination
app
alternatively
feldman
requested
allowed
sit
bar
examination
petition
feldman
described
legal
training
work
experience
qualifications
suggested
professional
training
education
equal
received
attended
approved
law
school
view
training
experience
success
passing
bar
examinations
jurisdictions
feldman
stated
objectives
district
columbia
procedures
requirements
admission
bar
frustrated
granting
petition
ibid
district
columbia
appeals
act
feldman
petition
several
months
march
feldman
counsel
wrote
chief
judge
district
columbia
appeals
urge
favorable
action
feldman
petition
letter
stated
feldman
abundantly
demonstrated
fitness
practice
law
suggested
gross
injustice
exclude
bar
without
even
considering
individual
qualifications
letter
went
state
unique
circumstances
case
barring
feldman
practice
law
merely
graduated
accredited
law
school
raise
important
questions
constitution
federal
antitrust
laws
questions
feldman
prepared
pursue
district
necessary
support
feldman
position
letter
stressed
strength
training
breadth
experience
acknowledging
strict
reading
rule
prevented
feldman
taking
bar
examination
feldman
counsel
suggested
precluded
considering
feldman
application
merits
plenary
power
regulate
licensing
attorneys
view
feldman
counsel
includes
discretion
waive
requirements
rule
deserving
case
view
feldman
unusually
high
qualifications
admission
case
provided
ideal
occasion
exercise
discretion
ibid
feldman
counsel
also
pointed
granted
waivers
rule
past
suggested
failure
consider
feldman
application
highly
arbitrary
raise
serious
questions
fairness
policies
regarding
bar
admissions
went
state
serious
questions
constitution
raised
bar
admissions
procedure
automatically
rejects
applicants
graduated
accredited
law
school
without
opportunity
show
experience
education
provide
equivalent
evidence
fitness
practice
law
feldman
counsel
cited
case
authority
support
position
finally
feldman
counsel
stated
federal
antitrust
laws
provide
alternative
basis
questioning
legality
bar
admissions
procedure
presumes
applicants
unqualified
lack
law
degree
denies
opportunity
show
individual
training
experience
still
qualify
practice
law
feldman
counsel
also
cited
cases
support
position
late
march
chief
judge
district
columbia
appeals
responded
letter
feldman
counsel
chief
judge
stated
committee
admissions
recognized
feldman
exceptional
opportunity
training
fine
personal
qualities
purpose
rule
issue
prevent
committee
assuming
practicably
impossible
task
making
separate
subjective
evaluations
applicant
training
education
hence
objective
reasonable
standard
prescribed
rule
must
utilized
ibid
light
decided
waive
rule
upheld
committee
denial
feldman
application
march
district
columbia
appeals
issued
per
curiam
order
denying
feldman
petition
order
stated
simply
consideration
petition
marc
feldman
waive
provisions
rule
general
rules
ordered
applicant
petition
denied
ibid
may
feldman
filed
complaint
district
district
columbia
challenging
district
columbia
appeals
refusal
waive
rule
behalf
complaint
stated
efendants
refusal
consider
plaintiff
individual
qualifications
practice
law
unlawful
view
demonstrated
fitness
competence
well
prior
admission
bar
several
individuals
attend
accredited
law
school
feldman
sought
declaration
defendants
actions
violated
fifth
amendment
constitution
sherman
act
injunction
requiring
defendants
either
grant
plaintiff
immediate
admission
district
columbia
bar
permit
sit
bar
examination
soon
possible
ibid
district
granted
defendants
motion
dismiss
ground
lacked
jurisdiction
action
found
district
columbia
appeals
order
denying
feldman
petition
judicial
act
fully
encompassed
constitutional
statutory
issues
raised
stated
assume
jurisdiction
subject
matter
lawsuit
find
unsupportable
position
reviewing
order
jurisdiction
highest
ibid
respondent
hickey
began
study
law
march
potomac
school
law
washington
concluding
distinguished
career
pilot
navy
time
entered
potomac
hickey
aware
accredited
aba
thought
transfer
later
date
school
shortly
hickey
started
studies
district
columbia
appeals
granted
waivers
rule
graduates
international
school
law
new
unapproved
school
area
granted
waivers
members
graduating
classes
international
practice
encouraged
hickey
believe
also
able
obtain
waiver
rule
november
however
appeals
denied
potomac
petition
temporary
waiver
rule
announced
longer
grant
waivers
future
international
graduates
april
hickey
submitted
district
columbia
appeals
petition
waiver
rule
sit
bar
examination
petition
hickey
described
career
navy
law
school
record
also
submitted
affidavits
four
law
professors
attesting
competence
legal
studies
hickey
went
suggest
unfair
deny
students
currently
enrolled
potomac
waiver
pursued
three
years
legal
education
reliance
previous
policy
granting
waivers
international
graduates
hickey
pointed
denying
petition
waiver
impose
especially
severe
burden
view
age
status
husband
father
hickey
also
suggested
burdensome
attempt
comply
rule
permits
graduates
unapproved
law
schools
sit
bar
examination
completing
credit
hours
approved
law
school
furthermore
hickey
contended
unable
comply
rule
aba
instructed
approved
law
schools
district
columbia
deny
admission
nondegree
candidates
completion
requirement
finally
hickey
stated
years
military
service
demonstrated
far
beyond
average
bar
exam
candidate
possesses
qualities
essential
good
lawyer
including
judgment
maturity
courage
face
adversity
concern
fellow
man
commitment
society
attention
detail
app
suggested
ar
earned
right
sit
bar
examination
ibid
june
issued
per
curiam
order
denying
hickey
petition
waiver
order
stated
considered
petition
hickey
contention
aba
instructed
approved
law
schools
district
columbia
deny
admission
nondegree
candidates
completion
requirement
stated
american
bar
association
standards
rules
procedure
amended
permit
enrollment
persons
petitioner
category
standard
ii
satisfy
requirement
admission
set
forth
standard
ibid
july
hickey
filed
complaint
district
district
columbia
challenging
district
columbia
appeals
denial
waiver
petition
hickey
alleged
denial
petition
violated
fifth
amendment
federal
antitrust
laws
allegations
prayer
relief
hickey
complaint
virtually
identical
allegations
prayer
relief
feldman
complaint
see
supra
except
hickey
simply
sought
order
requiring
defendants
allow
sit
bar
examination
earliest
possible
date
app
district
granted
defendants
motion
dismiss
hickey
complaint
lack
jurisdiction
regard
stated
well
settled
admission
exclusion
attorneys
members
highest
state
exercise
judicial
function
may
reviewed
district
view
hickey
seeking
review
defendants
denial
petition
admission
bar
examination
suggested
constitutional
challenge
denial
wholly
directly
intertwined
plaintiff
efforts
secure
exemption
rule
allegations
complaint
relief
requested
concern
essentially
application
rule
particular
case
ibid
light
concluded
basis
extraordinary
attempt
invoke
jurisdiction
matter
entrusted
congress
appeals
ibid
hickey
feldman
appealed
dismissals
complaints
appeals
district
columbia
circuit
district
columbia
circuit
affirmed
dismissals
hickey
feldman
antitrust
claims
ground
insubstantial
feldman
gardner
app
however
concluded
waiver
proceedings
district
columbia
appeals
judicial
federal
sense
thus
foreclose
litigation
constitutional
contentions
district
ibid
therefore
reversed
dismissals
constitutional
claims
remanded
consideration
merits
ibid
although
district
columbia
circuit
acknowledged
review
final
judgment
highest
judicial
tribunal
state
vested
solely
omitted
district
therefore
without
authority
review
determinations
district
columbia
appeals
judicial
proceedings
found
district
jurisdiction
cases
proceedings
district
columbia
appeals
judicial
ibid
based
conclusion
finding
neither
feldman
hickey
asserted
waiver
petitions
sort
right
admitted
district
columbia
bar
even
take
examination
therefor
emphasis
original
feldman
hickey
simply
sought
exemption
rule
particular
hickey
present
legal
arguments
demand
admission
examination
matter
legal
entitlement
ibid
merely
asked
exercise
administrative
discretion
permit
take
test
ibid
amounted
request
make
policy
decision
equating
personal
qualities
accredited
legal
education
adjudication
requiring
resort
legal
principles
ibid
omitted
district
columbia
circuit
found
feldman
case
difficult
still
concluded
proceedings
waiver
petition
judicial
nature
element
lacking
ibid
feldman
petition
claim
refusal
waiver
request
deny
right
ibid
instead
petition
invoked
administrative
discretion
simply
asking
temper
rule
favor
personal
legal
reasons
ibid
district
columbia
circuit
rejected
argument
letter
feldman
counsel
raised
certain
legal
arguments
changed
nature
proceedings
district
columbia
circuit
stated
unable
discern
letter
desire
consider
feldman
legal
criticisms
rule
merits
hand
decision
dealing
letter
made
unmistakably
clear
criticisms
litigated
district
ibid
footnotes
omitted
ii
district
columbia
circuit
properly
acknowledged
district
without
authority
review
final
determinations
district
columbia
appeals
judicial
proceedings
review
determinations
obtained
see
see
also
atlantic
coast
line
locomotive
engineers
rooker
fidelity
trust
crucial
question
case
therefore
whether
proceedings
district
columbia
appeals
judicial
nature
considered
distinction
judicial
administrative
ministerial
proceedings
several
occasions
prentis
atlantic
coast
line
railroads
challenged
federal
constitutionality
rail
passenger
rates
set
state
corporation
commission
question
presented
case
whether
federal
free
enjoin
implementation
rate
order
considering
question
assumed
state
corporation
commission
least
purposes
held
however
federal
enjoin
implementation
rate
order
commission
acted
legislative
opposed
judicial
capacity
setting
rates
reaching
conclusion
stated
judicial
inquiry
investigates
declares
enforces
liabilities
stand
present
past
facts
laws
supposed
already
exist
purpose
end
legislation
hand
looks
future
changes
existing
conditions
making
new
rule
applied
thereafter
part
subject
power
establishment
rate
making
rule
future
therefore
act
legislative
judicial
kind
ibid
summers
considered
petitioner
challenge
constitutionality
state
refusal
admit
practice
law
outset
noted
record
customary
form
state
treated
proceeding
judicial
fact
state
contested
certiorari
jurisdiction
ground
proceedings
judicial
nature
case
controversy
therefore
existed
art
iii
federal
constitution
considering
contention
conceded
proceedings
might
judicial
state
law
denial
petitioner
application
admission
bar
treated
ministerial
act
performed
virtue
judicial
power
appointment
clerk
bailiff
specification
requirements
eligibility
course
study
applicants
admission
bar
rather
judicial
proceeding
stated
however
determining
nature
proceedings
must
appraise
circumstances
refusal
ibid
conducting
appraisal
first
stated
case
arises
within
meaning
constitution
question
respecting
constitution
treaties
laws
assumed
form
judicial
power
capable
acting
declaration
rights
stand
must
sought
rights
may
arise
future
must
actual
controversy
issue
desire
abstract
declaration
law
form
proceeding
significant
nature
effect
controlling
quoting
osborn
bank
wheat
citations
omitted
relief
thus
sought
state
action
committee
appointed
advise
takes
cognizance
complaint
without
requiring
appearance
committee
members
think
consideration
petition
body
authority
act
give
relief
sought
makes
proceeding
adversary
sense
true
case
controversy
claim
present
right
admission
bar
state
denial
right
controversy
claim
made
state
denial
right
made
judicial
order
case
may
reviewed
article
iii
constitution
federal
questions
raised
proper
steps
taken
end
omitted
precedents
clearly
establish
proceedings
district
columbia
appeals
surrounding
feldman
hickey
petitions
waiver
judicial
nature
proceedings
legislative
ministerial
administrative
district
columbia
appeals
loo
future
chang
existing
conditions
making
new
rule
applied
thereafter
part
subject
power
prentis
atlantic
coast
line
engage
rulemaking
specify
requirements
eligibility
course
study
applicants
admission
bar
summers
supra
district
columbia
appeals
simply
engage
ministerial
action
instead
proceedings
district
columbia
appeals
involved
judicial
inquiry
called
upon
investigate
declare
enforce
liabilities
stood
present
past
facts
laws
supposed
already
exist
prentis
atlantic
coast
line
supra
petition
district
columbia
appeals
discussed
detail
supra
feldman
contended
possessed
requisite
fitness
good
moral
character
necessary
practice
law
jurisdiction
app
support
position
described
detail
legal
training
experience
asserted
professional
education
training
equal
received
attended
approved
law
school
argued
granting
petition
frustrate
objectives
district
columbia
procedures
requirements
admission
bar
later
letter
see
supra
feldman
pointed
former
practice
granting
waivers
graduates
unaccredited
law
schools
raised
questions
fairness
denying
petition
also
made
explicit
legal
arguments
rule
based
constitution
federal
antitrust
laws
done
background
existing
rule
essence
feldman
argued
policy
grounds
rule
applied
fulfilled
spirit
letter
rule
alternatively
argued
letter
rule
invalid
short
seeking
declaration
rights
stood
rights
might
arise
future
summers
required
district
columbia
appeals
determine
light
existing
law
light
feldman
qualifications
arguments
whether
feldman
petition
granted
also
legal
arguments
validity
rule
issued
per
curiam
order
denying
feldman
petition
determined
legal
matter
feldman
entitled
admitted
bar
without
examination
sit
bar
examination
adjudicated
feldman
claim
present
right
admission
bar
rejected
essence
judicial
proceeding
conclusion
obtains
respect
proceedings
hickey
petition
waiver
petition
see
supra
hickey
asserted
substantively
qualified
sit
bar
examination
support
position
submitted
affidavits
supporting
competence
described
detail
military
service
legal
education
also
argued
relied
former
policy
granting
waivers
graduates
unaccredited
law
schools
developing
reasonable
expectation
granted
waiver
well
moreover
suggested
aba
policy
made
impossible
pursue
alternative
route
rules
permitted
sit
bar
examination
finally
argued
based
equitable
considerations
age
military
service
status
father
husband
granted
waiver
stated
ar
earned
right
sit
bar
examination
app
feldman
case
hickey
petition
called
upon
district
columbia
appeals
consider
policy
equitable
arguments
deciding
whether
waive
rule
fact
hickey
cite
case
authority
support
arguments
make
explicitly
legal
contentions
render
proceedings
nonjudicial
still
required
determine
hickey
qualifications
background
fulfilled
basic
purposes
rule
sufficiently
justify
waiver
whether
equitable
considerations
compelled
waiver
essentially
judicial
inquiries
resulted
per
curiam
order
denied
hickey
petition
explicitly
rejected
contention
aba
policy
prevented
acquiring
credit
hours
accredited
law
school
admittedly
proceedings
feldman
case
hickey
case
assume
form
commonly
associated
judicial
proceedings
said
summers
supra
however
form
proceeding
significant
nature
effect
controlling
iii
determination
proceedings
feldman
hickey
petitions
judicial
finally
dispose
case
noted
supra
district
authority
review
final
judgments
state
judicial
proceedings
review
judgments
may
therefore
extent
hickey
feldman
sought
review
district
district
columbia
appeals
denial
petitions
waiver
district
lacked
jurisdiction
complaints
hickey
feldman
sought
review
district
columbia
appeals
judgments
extent
hickey
feldman
mounted
general
challenge
constitutionality
rule
however
district
jurisdiction
complaints
difference
seeking
review
federal
district
state
final
judgment
bar
admission
matter
challenging
validity
state
bar
admission
rule
recognized
lower
courts
least
implicitly
opinions
doe
pringle
plaintiff
challenged
district
constitutionality
decision
denying
application
admission
bar
concluding
district
lacked
jurisdiction
action
appeals
stated
concur
district
finding
without
subject
matter
jurisdiction
review
final
order
state
denying
particular
application
admission
state
bar
rule
applies
even
though
challenge
anchored
alleged
deprivations
federally
protected
due
process
equal
protection
rights
emphasis
original
course
opinion
appeals
stated
district
denying
plaintiff
relief
declared
subtle
fundamental
distinction
two
types
claims
frustrated
bar
applicant
might
bring
federal
first
constitutional
challenge
state
general
rules
regulations
governing
admission
second
claim
based
constitutional
grounds
state
unlawfully
denied
particular
applicant
admission
held
federal
courts
exercise
jurisdiction
many
constitutional
claims
attack
state
power
license
attorneys
involving
challenges
either
authority
administration
rules
true
review
state
adjudication
particular
application
sought
ruled
latter
claim
may
heard
exclusively
emphasis
original
applying
standard
respondents
complaints
clear
allegations
district
columbia
appeals
acted
arbitrarily
capriciously
denying
petitions
waiver
acted
unreasonably
discriminatorily
denying
petitions
view
former
policy
granting
waivers
graduates
unaccredited
law
schools
see
supra
required
district
review
final
judicial
decision
highest
jurisdiction
particular
case
allegations
inextricably
intertwined
district
columbia
appeals
decisions
judicial
proceedings
deny
respondents
petitions
district
therefore
jurisdiction
elements
respondents
complaints
remaining
allegations
complaints
however
involve
general
attack
constitutionality
rule
see
supra
respondents
claims
rule
unconstitutional
creates
irrebuttable
presumption
graduates
accredited
law
schools
fit
practice
law
discriminates
obtained
equivalent
legal
training
means
impermissibly
delegates
district
columbia
appeals
power
regulate
bar
american
bar
association
require
review
judicial
decision
particular
case
district
therefore
jurisdiction
elements
respondents
complaints
deciding
district
jurisdiction
elements
respondents
complaints
involve
general
challenge
constitutionality
rule
expressly
reach
question
whether
doctrine
res
judicata
forecloses
litigation
elements
complaints
leave
question
district
remand
iv
judgment
district
columbia
circuit
vacated
case
remanded
district
proceedings
consistent
opinion
ordered
footnotes
complaint
named
defendants
district
columbia
appeals
chief
judge
district
columbia
appeals
official
capacity
committee
admissions
chairman
secretary
committee
app
complaint
feldman
specifically
alleged
district
columbia
appeals
refusal
admit
bar
violated
fifth
amendment
five
respects
first
feldman
alleged
rule
limiting
bar
membership
graduates
accredited
law
schools
creates
irrebuttable
presumption
graduates
schools
fit
practice
law
district
columbia
thereby
deprives
persons
pursued
alternative
methods
legal
training
liberty
property
without
due
process
law
app
second
feldman
alleged
rule
impermissibly
irrationally
discriminates
persons
obtained
equivalent
legal
training
means
therefore
denies
persons
equal
protection
laws
ibid
third
feldman
alleged
conclusively
presuming
graduates
accredited
law
schools
fit
practice
law
district
columbia
rule
impermissibly
delegates
american
bar
association
district
columbia
appeals
power
regulate
practice
law
therefore
deprives
persons
alternative
legal
training
property
liberty
without
due
process
law
ibid
fourth
feldman
alleged
refusing
consider
whether
individual
qualifications
training
equivalent
graduation
accredited
law
school
reason
justified
waiver
rule
district
columbia
appeals
acted
arbitrarily
capriciously
deprived
liberty
property
without
due
process
law
ibid
finally
feldman
alleged
district
columbia
appeals
repeatedly
waived
rule
past
permit
admission
bar
persons
graduated
approved
law
schools
acted
unreasonably
discriminatorily
refusing
consider
individual
qualifications
denied
equal
protection
laws
deprived
liberty
property
without
due
process
law
complaint
also
included
allegation
limiting
membership
district
columbia
bar
graduates
approved
law
schools
defendants
entered
combination
restraint
trade
attempted
monopolize
fact
monopolized
practice
law
district
columbia
ibid
prayer
relief
feldman
asked
declaration
rule
either
face
applied
plaintiff
violates
fifth
amendment
defendants
refusal
consider
individual
qualifications
training
violated
rights
fifth
amendment
defendants
rejection
application
graduate
approved
law
school
violated
federal
antitrust
laws
feldman
requested
order
requiring
defendants
admit
bar
without
examination
allow
sit
bar
examination
earliest
possible
date
determine
whether
training
qualifications
provided
competence
practice
law
graduates
approved
law
schools
defendants
also
asserted
res
judicata
ground
motion
dismiss
hickey
also
suggested
former
policy
granting
waivers
members
first
three
graduating
classes
new
law
school
continued
view
difficulty
meeting
strict
standards
aba
approval
mere
three
years
inception
new
law
school
first
graduation
hickey
also
asserted
unnecessary
take
credit
hours
approved
law
school
view
breadth
legal
education
already
received
stated
completed
credit
hours
covering
subjects
included
bar
examination
take
credit
hours
enroll
elective
courses
even
tested
bar
examination
direction
clerk
district
columbia
appeals
written
aba
determine
whether
instructed
matter
policy
approved
law
schools
district
columbia
deny
admission
candidates
potomac
graduates
completion
credit
hour
requirement
aba
responded
citing
standard
permits
among
things
enrollment
limited
number
courses
candidates
students
enrolled
colleges
members
bar
graduates
approved
law
schools
persons
successfully
completed
least
three
years
toward
bachelor
degree
regionally
accredited
college
university
complaint
named
defendants
district
columbia
appeals
individual
judges
official
capacities
district
pointed
issues
concerning
validity
rule
raised
district
columbia
appeals
entertained
determined
stated
course
followed
precluded
event
thereafter
entertaining
issues
also
noted
advised
counsel
defendants
district
columbia
appeals
still
willing
consider
matters
suggested
violation
principles
comity
judicial
economy
circumstances
exercise
jurisdiction
even
jurisdiction
exists
ibid
finally
dismissed
antitrust
claims
ground
antitrust
laws
apply
kind
action
challenged
ibid
although
cases
consolidated
district
columbia
circuit
dealt
single
opinion
raised
nearly
identical
legal
issues
argued
day
feldman
gardner
app
denied
respondents
certiorari
disposition
antitrust
claims
feldman
district
columbia
appeals
hickey
district
columbia
appeals
claims
therefore
us
district
columbia
circuit
rejected
petitioners
alternative
argument
consideration
legal
issues
feldman
sought
raise
district
barred
principles
res
judicata
feldman
gardner
supra
ground
proceedings
district
columbia
appeals
nonjudicial
nature
ibid
opinion
concurring
part
dissenting
part
judge
robb
expressed
view
district
jurisdiction
review
orders
district
columbia
appeals
ibid
noted
district
columbia
appeals
status
state
stated
adverse
decisions
appellants
cases
reviewable
although
appellants
cast
petitions
appeals
terms
requests
waivers
petitions
essence
demands
declare
petitioners
qualified
sit
bar
examination
demands
denied
en
banc
orders
appeals
denials
judicial
acts
reviewable
writ
certiorari
reviewable
district
ibid
district
columbia
circuit
recognized
question
federal
law
whether
particular
proceeding
another
tribunal
truly
judicial
purposes
ascertaining
jurisdiction
federal
feldman
gardner
supra
see
summers
fact
feldman
counsel
stated
letter
prepared
pursue
constitutional
antitrust
challenges
rule
federal
district
feldman
petition
denied
irrelevant
consideration
whether
issues
district
columbia
appeals
case
like
england
louisiana
board
medical
examiners
arose
abstention
context
discussed
litigant
right
reserve
federal
claims
consideration
federal
even
though
might
required
inform
state
nature
federal
claims
state
statute
construed
light
claims
conclusion
proceedings
district
columbia
appeals
judicial
nature
consistent
grants
certiorari
review
decisions
matters
cases
schware
new
mexico
board
bar
examiners
konigsberg
state
bar
california
konigsberg
state
bar
california
anastaplo
willner
committee
character
baird
state
bar
arizona
stolar
last
term
recognized
judicial
nature
state
bar
disciplinary
proceedings
middlesex
county
ethics
committee
garden
state
bar
possible
review
decision
barred
petitioner
failure
raise
constitutional
claims
state
courts
cardinale
louisiana
stated
early
established
decide
federal
constitutional
issues
raised
first
time
review
state
decisions
see
also
tacon
arizona
hill
california
street
new
york
cf
raley
ohio
question
proper
presentation
federal
claim
highest
state
passes
think
sufficient
satisfy
statutory
requirement
federal
right
sought
vindicated
one
claimed
omitted
boykin
alabama
coleman
alabama
appeals
fifth
circuit
relied
limit
certiorari
jurisdiction
hold
federal
district
jurisdiction
constitutional
claims
asserted
plaintiff
denied
admission
state
bar
judicial
proceeding
failed
raise
constitutional
claims
state
dasher
texas
appeals
stated
record
gives
indication
plaintiff
asserted
federal
constitutional
claims
basis
action
denial
application
admission
bar
examination
deprived
constitutionally
protected
liberty
property
interest
pursuing
practice
law
texas
constituted
violation
equal
protection
infringed
upon
constitutionally
protected
right
travel
texas
since
authorizes
review
judgments
state
cases
federal
issue
raised
adjudicated
apparent
plaintiff
case
reviewed
writ
certiorari
following
texas
denial
motion
since
plaintiff
complaint
claims
relief
grounded
federal
constitutional
rights
claims
presented
texas
suit
constitute
impermissible
effort
seek
review
state
judgment
lower
federal
omitted
moreover
fact
may
jurisdiction
review
final
judgment
petitioner
failure
raise
constitutional
claims
state
mean
district
jurisdiction
claims
failing
raise
claims
state
plaintiff
may
forfeit
right
obtain
review
decision
federal
result
eminently
defensible
policy
grounds
noted
competence
state
courts
adjudicate
federal
constitutional
claims
see
sumner
mata
allen
mccurry
swain
pressley
also
noted
cardinale
one
policies
underlying
requirement
constitutional
claims
raised
state
predicate
certiorari
jurisdiction
desirability
giving
state
first
opportunity
consider
state
statute
rule
light
federal
constitutional
arguments
state
may
give
statute
saving
construction
response
arguments
finally
important
note
context
case
strength
state
interest
regulating
state
bar
stated
goldfarb
virginia
state
bar
interest
regulating
lawyers
especially
great
since
lawyers
essential
primary
governmental
function
administering
justice
historically
officers
courts
see
also
middlesex
county
ethics
committee
garden
state
bar
supra
leis
flynt
mackay
nesbett
stated
rders
state
relating
admission
discipline
disbarment
members
bar
may
reviewed
certiorari
state
means
original
action
lower
federal
rule
serves
substantial
policy
interests
arising
historic
relationship
state
judicial
systems
members
respective
bars
state
federal
judicial
systems
ibid
see
also
brown
board
bar
examiners
reaching
conclusions
regarding
district
jurisdiction
particular
elements
respondents
complaints
necessarily
refuse
accept
entirety
either
petitioners
argument
sum
substance
respondents
federal
actions
obtain
review
prior
adverse
decisions
appeals
individual
cases
brief
petitioners
reply
brief
petitioners
respondents
argument
complaints
involved
general
challenges
constitutionality
rule
without
seeking
review
particularized
decisions
district
columbia
appeals
adjudicating
right
practice
law
see
brief
respondent
hickey
brief
respondent
feldman
discussed
close
reading
complaints
discloses
respondents
mounted
general
challenge
constitutionality
rule
sought
review
district
columbia
appeals
decisions
particular
cases
district
reach
question
whether
doctrine
res
judicata
barred
litigation
respondents
claims
either
feldman
case
app
hickey
justice
stevens
dissenting
many
crafts
state
performs
licensing
function
function
important
seeking
access
gainful
occupation
members
public
served
profession
well
rules
governing
grant
denial
licenses
must
comply
constitutional
standards
must
administered
accordance
due
process
law
given
acknowledged
constitutional
limitations
action
state
beyond
question
federal
district
jurisdiction
individual
lawsuit
raising
federal
constitutional
challenges
either
licensing
rules
application
case
curiously
however
today
ignores
basic
jurisdictional
principles
decides
jurisdictional
issue
affecting
licensing
members
legal
profession
holds
respondents
may
make
general
constitutional
attack
rules
governing
admission
lawyers
practice
district
columbia
agree
also
concludes
district
jurisdiction
claim
rules
administered
unconstitutional
manner
according
opinion
respondents
contentions
bar
admission
rules
unconstitutionally
applied
district
columbia
appeals
somehow
constitute
impermissible
attempts
secure
appellate
review
final
judgments
see
ante
two
basis
flaws
analysis
first
neither
feldman
hickey
requested
district
columbia
appeals
pass
validity
rule
grant
admission
bar
bar
examination
matter
right
rather
asked
waive
requirements
rule
variety
reasons
characterize
refusal
grant
requested
waiver
adjudication
unlike
decision
illinois
reviewed
summers
order
district
columbia
appeals
determine
claim
right
even
apply
standard
equitable
principles
prayer
relief
rather
performed
less
administrative
function
licensing
board
appeals
wrote
hickey
asked
make
policy
decision
equating
personal
qualities
accredited
legal
education
adjudication
requiring
resort
legal
principles
feldman
gardner
app
omitted
feldman
invoked
administrative
discretion
body
simply
asking
temper
rule
favor
personal
legal
reasons
rejection
petitions
adjudicative
therefore
susceptible
certiorari
review
second
even
refusal
grant
waiver
adjudication
federal
statute
confers
jurisdiction
upon
district
entertain
constitutional
challenge
rules
also
authorizes
entertain
collateral
attack
upon
unconstitutional
application
rules
opinion
fails
distinguish
two
concepts
appellate
review
collateral
attack
challenge
state
decision
brought
district
alleges
violations
constitution
definition
seek
appellate
review
plainly
within
jurisdiction
federal
supp
may
reasons
denying
relief
plaintiff
failure
state
cause
action
claim
issue
preclusion
failure
prove
violation
constitutional
rights
violence
jurisdictional
concepts
hold
federal
district
jurisdiction
conduct
independent
review
specific
claim
licensing
body
action
comply
federal
constitutional
standards
fact
licensing
function
legal
profession
controlled
judiciary
sufficient
reason
immunize
allegedly
unconstitutional
conduct
review
federal
courts
therefore
respectfully
dissent
title
supp
provides
district
courts
shall
original
jurisdiction
civil
actions
arising
constitution
laws
treaties
constitutional
challenges
specific
licensing
actions
may
course
fail
merits
view
plaintiffs
challenging
bar
admissions
decision
state
prove
facts
comparable
allegations
made
plaintiff
error
appellant
yick
wo
hopkins
clearly
entitled
relief
district
seeking
admission
craft
regulated
state
unquestionably
right