Supreme Court
Webster v. Comm’n for Law. Discipline
- Case number: 23-0694
- Legal category: Constitutional Law
- Subtype: Separation of Powers
- Set for oral argument: September 12, 2024
Case Summary
The issue in this case is whether sovereign immunity or the separation of powers doctrine protects government lawyers from professional discipline procedures arising from alleged misrepresentations made to a court.
First Assistant Attorney General Webster signed the State’s briefs in Texas v. Pennsylvania, 141 S. Ct. 1230 (2020), in which Texas challenged the election procedures of other states in the 2020 election. The Supreme Court of the United States held that Texas failed to raise a cognizable interest in other states’ election procedures and dismissed the case. These proceedings arise from a disciplinary complaint against Webster that alleges he was dishonest in making assertions in the Pennsylvania briefs.
The trial court granted Webster’s plea to the jurisdiction and dismissed the disciplinary action on grounds of separation of powers. The court concluded that the action impermissibly sought to limit the Attorney General’s broad power to file lawsuits on behalf of the State. The court of appeals reversed, holding that neither separation of powers nor sovereign immunity deprived the trial court of jurisdiction. The court reasoned that sovereign immunity does not protect Webster’s personal license to practice law and that the Attorney General, like all attorneys, must follow the ethical rules of professional conduct.
Webster filed a petition for review, invoking sovereign immunity and contending that the disciplinary action improperly influences the Attorney General’s broad discretion in filing suits and weighing evidence when deciding to file suits. The Supreme Court granted review.
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