Full opinion text
ORDER BRIDGET S. BADE, United States Magistrate Judge. In this matter, Plaintiffs, the National Association for the Advancement of Multijurisdiction Practice (the NAAMJP), Allison Girvin (Girvin), Mark Anderson (Anderson), and Mark Kolman (Kolman), challenge Arizona Supreme Court Rule 34(f), which provides for admission on motion to the Arizona Bar (the AOM Rule). (Doc. 36.) Plaintiffs allege that Arizona’s AOM Rule is unconstitutional because it allows admission on motion for attorneys admitted in states having reciprocal admission rules for Arizona attorneys (reciprocity states), but requires attorneys admitted to practice law in states that do not have reciprocal admission rules (non-reciprocity states) to take the uniform bar examination (UBE) to gain admission to the Arizona Bar. (Id.) Plaintiffs seek declaratory and injunctive relief; specifically Plaintiffs request an order declaring Arizona’s AOM Rule unconstitutional and enjoining its enforcement. (Id. at ¶ 97.) The parties have filed several dispositive motions. Plaintiffs have filed a motion for summary judgment (Doc. 28), and Defendants have filed a motion to dismiss (Doc. 52) and a cross motion for summary judgment. (Doc. 54.) After the dispositive motions were fully briefed, the NAAMJP and Kolman filed a motion to admit Kolman to the Arizona Bar. (Doc. 90.) Plaintiffs also filed a motion to amend the Second Amended Complaint to add a party. (Doc. 95.) As set forth below, the Court grants summary judgment in Defendants’ favor on Plaintiffs’ claims and denies Defendants’ motion to dismiss as moot. The Court also denies Plaintiffs’ motion for summary judgment, denies Plaintiffs’ motion to admit Kolman to the Arizona Bar, and denies Plaintiffs’ motion to amend. 1. Background A. Plaintiff NAAMJP and the Individual Plaintiffs The NAAMJP is a non-profit corporation that describes its mission as improving the legal profession by promoting the adoption of the American Bar Association’s (ABA) recommendation for reciprocal bar admission. (Doc. 86 at 4-5; Russell Decl. ¶¶ 1 and 3.) Plaintiffs’ counsel Joseph Giannini, who is also a director of the NAAMJP (Doc. 54-1 ¶ 32; Doc. 70-1 ¶ 32), has filed numerous challenges to state and federal bar admission requirements on a variety of grounds, including the Supremacy Clause, the Commerce Clause, Title VII, the Fifth Amendment right to property and right to travel, and the Full Faith and Credit Clause. See Paciulan v. George, 229 F.3d 1226, 1228 (9th Cir.2000) (citing McKenzie v. Rehnquist, 1999 WL 1215630 (D.C.Cir. Nov. 22, 1999); Morissette v. Yu, 1994 WL 123871 (9th Cir. Apr. 11, 1994); Giannini v. Real, 911 F.2d 354 (9th Cir.1990); Giannini v. Comm. of Bar Exam’rs, 847 F.2d 1434 (9th Cir.1988)). Plaintiff Kolman has been a licensed Maryland attorney since 1971. (Doc. 36 at 6; Kolman Decl. ¶ 1.) Kolman has also been admitted by waiver to practice in the District of Columbia, which has reciprocity with Arizona. (Doc. 69 at 9 n. 3) Kolman is a partner with Dickstein Shapiro LLP in Washington, D.C. (Kolman Decl. ¶4.) He moved to Arizona in 2008. (Id. at ¶ 11.) Kolman attests that he has obtained a certificate of completion of the Arizona Law for Admission on Motion Course and passed the Multi-State Professional Responsibility Examination (MPRE). (Id. at ¶ 13.) He also attests that he has provided the Arizona Committee on Character and Fitness the documentation required for admission on motion. (Id.) Kolman applied for, and was denied, admission on motion to the Arizona Bar because his state of licensing, Maryland, does not have reciprocity with Arizona. (Id. at ¶ 14.) On February 24, 2011, Kolman filed a petition for review with the Arizona Supreme Court. (Id. at ¶ 15.) The court denied his petition on April 19, 2011. (Id.) Plaintiff Girvin is a licensed California attorney. (Id. at 8; Girvin Decl. 112.) She moved to Arizona in 2012. (Doc. 36 at 8.) Girvin received a score of 272 on the UBE administered in Arizona (Arizona UBE) in July 2012; her score was one point below a passing score of 273. (Girvin Decl. ¶¶ 13, 15.) Girvin alleges that she failed the examination “after counsel for defendants communicated [defense counsel] had the connections, power, and ruthless intent to retaliate for filing this lawsuit.” (Doc. 36 at 8; Girvin Decl. ¶¶ 16-17.) Girvin scored 134.6 on the MBE, a portion of the bar examination consisting of 200 multiple choice questions. (Girvin Decl. at ¶¶ 15, 19.) Girvin attests that the Arizona Supreme Court and the National Conference of Bar Examiners have refused to disclose a breakdown of her MBE score, or her state and national rank on the MBE test. (Id. at ¶20.) Girvin scored 137.4 on the MEE, the essay portion of the UBE. (Id. at ¶ 15.) She attests that the Arizona Supreme Court has refused to provide a breakdown of her scores on the MEE. (Id. at ¶ 21.) Plaintiff Anderson is a licensed Montana attorney. (Doc. 36 at 9; Anderson Decl. ¶ 1.) Anderson attests that Arizona’s rules regarding admission on motion have deterred him from moving to Arizona to practice law. (Anderson Decl. ¶¶ 1-2.) He alleges that he will move to Arizona “if Arizona abrogates its tit-for-tat bar admission Rule____” (Doc. 36 at 9.) B. Admission to the Arizona Bar and Rule 34 The Rules of the Arizona Supreme Court provide three methods of admission to the practice of law in Arizona: (1) admission by Arizona UBE (Ariz. R. Sup. Ct.34(a)); (2) admission on motion (Ariz. R. Sup.Ct.34(f)); and (3) admission by transfer of UBE score from another jurisdiction (Ariz. R. Sup.Ct.34(h)). The Arizona Supreme Court Committees on Examinations and Character and Fitness make initial determinations regarding admission to the bar based on educational and fitness findings. (DSOF ¶¶ 1,4, Ex. A.) A person aggrieved by a decision of either Committee may file a petition for review with the Arizona Supreme Court pursuant to Ariz. R. Sup.Ct. 36(g)(1). The Arizona Supreme Court has exclusive jurisdiction to make the ultimate decision regarding who may practice law in Arizona and under what conditions. (DSOF ¶2; Ex. A.); see also Ariz. R. Sup.Ct. 31. Plaintiffs challenge the Arizona Supreme Court’s rule governing admission on motion, Rule 34(f)(1). When Plaintiffs filed this matter, Rule 34(f) provided that: 1. An applicant who meets the requirements of (A) through (H) of this paragraph (f)(1) may, upon motion, be admitted to the practice of law in this jurisdiction. The applicant shall: A. have been admitted by bar examination to practice law in another jurisdiction allowing for admission of licensed Arizona lawyers on a basis equivalent to this rule; C. have been primarily engaged in the active practice of law in one or more states, territories, or the District of Columbia for five of the seven years immediately preceding the date upon which the application is filed. Ariz. R. Sup.Ct. 34(f)(A) and (C). Effective July 1, 2013, the Arizona Supreme Court expanded Rule 34(f)(1) to allow attorneys to apply for admission on motion to the Arizona Bar if they have been “admitted by bar examination to practice law in one or more states, territories, or the District of Columbia, and have been admitted to and engaged in the active practice of law for at least five years in another jurisdiction or jurisdictions allowing for admission of licensed Arizona lawyers on a basis equivalent to this rule.” Ariz. R. Sup.Ct. 34(f) (2013). Under this amendment, attorneys who were admitted by bar examination in a non-reciprocal jurisdiction, and then became admitted by motion and practiced in a jurisdiction that Arizona deems reciprocal, such as the District of Columbia, may also apply for admission on motion. Although this amendment to Rule 34(f) likely increases the number of attorneys eligible for admission on motion, it does not render the pending action moot because it does not abrogate the reciprocity requirement at the heart of Plaintiffs’ challenge to that rule. II. Judicial Notice Before considering the pending motions, the Court considers Plaintiffs’ request that the Court take judicial notice that the State of Montana adopted the UBE in July 2013. (Docs. 87 and 88.) Defendants oppose this request and argue that Montana’s adoption of the UBE is not material to the issues before the Court. (Doc. 89.) Defendants also argue that Plaintiffs’ request for judicial notice improperly includes additional arguments related to issues that the parties have fully briefed. Under Federal Rule of Evidence 201, a trial court may take judicial notice of facts “if requested by the party and supplied with the necessary information.” Fed.R.Evid. 201(d). A fact is appropriate for judicial notice if it is “not subject to reasonable dispute because it is (1) generally known within the trial court’s territorial jurisdiction; or (2) can be accurately and readily determined by from sources whose accuracy cannot reasonably be questioned.” Id. at 201(b). Facts contained in public records are considered appropriate subjects of judicial notice. Santa Monica Food Not Bombs v. City of Santa Monica, 450 F.3d 1022, 1025 (9th Cir.2006). The Court confirmed that the Montana Supreme Court adopted the UBE on July 3, 2013 by consulting the National Conference of Bar Examiners website, www. ncbex.org and the Montana Bar Association’s website, www.montanabar.org. Although the Court will take judicial notice that the Supreme Court of Montana adopted the UBE in July 2013, that fact is not relevant to the issues in this case. Because the Court did not permit additional briefing on the pending dispositive motions, the Court will not consider Plaintiffs’ other arguments asserted in its request for judicial notice. III. Standards of Review A. Summary Judgment Motions Federal Rule of Civil Procedure 56 authorizes the Court to grant summary judgment “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The moving party bears the initial burden of identifying the portions of the record that it believes demonstrate the absence .of a genuine issue of material fact. Celotex Corp., 477 U.S. at 323, 106 S.Ct. 2548. If the moving party meets its initial burden, the opposing party must establish the existence of a genuine dispute as to any material fact. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 585-86, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The opposing party must demonstrate the existence of a factual dispute that is both material, meaning it affects the outcome of the claim under the governing law, see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Fortune Dynamic, Inc. v. Victoria’s Secret Stores Brand Mgmt., Inc., 618 F.3d 1025, 1031 (9th Cir.2010), and genuine, meaning “ ‘the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’ ” FreecycleSunnyvale v. Freecycle Network, 626 F.3d 509, 514 (9th Cir.2010) (quoting Anderson, 477 U.S. at 248, 106 S.Ct. 2505). The opposing party “must show more than the mere existence of a scintilla of evidence.” In re Oracle Corp. Sec. Litig., 627 F.3d 376, 387 (9th Cir.2010) (citing Anderson, 477 U.S. at 252, 106 S.Ct. 2505). However, the evidence of the non-movant is “to be believed, and all justifiable inferences are to be drawn in his favor.” Anderson, 477 U.S. at 255, 106 S.Ct. 2505. B. Rule 12 Motions to Dismiss Under Rule 12(b)(1), a defendant may move to dismiss a complaint for lack of subject matter jurisdiction. “[Wjhen considering a motion to dismiss pursuant to Rule 12(b)(1) the district court is not restricted to the face of the pleadings, but may review any evidence, such as affidavits and testimony, to resolve factual disputes concerning the existence of jurisdietion.” McCarthy v. United States, 850 F.2d 558, 560 (9th Cir.1988). Under Rule 12(b)(6), a defendant may move to dismiss for failure to state a claim upon which relief can be granted. When a claim is challenged under this rule, the court construes the complaint liberally in the plaintiffs favor. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 & 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). The court presumes that all well-pleaded allegations are true, resolves all reasonable doubts and inferences in the plaintiffs favor, and views the complaint in the light most favorable to the plaintiff. Id. at 555, 127 S.Ct. 1955. IV. Summary of the Claims and Defenses Plaintiffs’ Complaint and First Amended Complaint named the Arizona Supreme Court and four Arizona Supreme Court Justices as Defendants. (Docs. 1 and 14). In the Second Amended Complaint, however, Plaintiffs omitted the Arizona Supreme Court as a Defendant, and instead named as Defendants only four Arizona Supreme Court Justices, in their official capacities. (Doc. 36 at 10.) Plaintiffs bring this suit pursuant to 42 U.S.C. § 1983 and assert violations of the First Amendment, the Privileges and Immunities Clause, the Dormant Commerce Clause, and the Fourteenth Amendment’s Equal Protection and Due Process Clauses. (Doc. 36.) Plaintiffs seek summary judgment on all the claims in their Second Amended Complaint, but their motion addresses only their assertion of standing, their First Amendment Claims, excluding Girvin’s retaliation claim, and their right to travel claim under the Privileges and Immunities Clause. (Doc. 28.) In their motion to dismiss and their motion for summary judgment, Defendants assert nearly identical arguments that Plaintiffs’ claims should be dismissed for lack of subject matter jurisdiction, or summary judgment entered in Defendants’ favor, because Plaintiffs claims are barred by: (1) the Eleventh Amendment; (2) the Rooker-Feldman doctrine; (3) judicial and legislative immunity; and (4) Article Ill’s justiciability doctrines. (Docs. 52 and 54.) Defendants also argue that Plaintiffs claims are barred because they failed to exhaust state remedies by seeking a rule change through Ariz. R. Sup.Ct. 28. Defendants further argue that they are entitled to summary judgment, or dismissal for failure to state a claim, because Plaintiffs’ claims lack merit. This argument is directed to Plaintiffs’ claims under the First Amendment, the Dormant Commerce Clause, the Privileges and Immunities Clause, and the Equal Protection and Due Process Clauses of the Fourteenth Amendment. (Docs. 52 and 54.) V. Analysis of Potential Bars to Plaintiffs’ Claims A. Eleventh Amendment Immunity Defendants first argue that this Court lacks subject matter jurisdiction over Plaintiffs’ claims because the State of Arizona and the Arizona Supreme Court are not amenable to suit in federal court under the Eleventh Amendment. (Doc. 54 at 4.) The Eleventh Amendment bars suit against a state unless Congress has abrogated the state’s sovereign immunity or the state has waived it. Holley v. Cal. Dep’t of Corrs., 599 F.3d 1108, 1111 (9th Cir.2010). This protection extends to the agencies and departments of a state. Id. “The Arizona Supreme Court ... is an ‘arm of the state’ for Eleventh Amendment purposes.” Lucas v. Ariz. Sup. Ct. Fiduciary Certification Program, 457 Fed.Appx. 689, 690 (9th Cir.2011); see also Greater L.A. Council on Deafness, Inc. v. Zolin, 812 F.2d 1103, 1110 (9th Cir.1987) (“[A] suit against the Superior Court is a suit against the State, barred by the eleventh amendment”). Thus, unless an exception applies, the Eleventh Amendment would bar Plaintiffs from suing the Arizona Supreme Court or the State of Arizona. Defendants acknowledge that Plaintiffs have not named the State of Arizona or the Arizona Supreme Court as Defendants in the Second Amended Complaint. Rather, the Defendants are four Arizona Supreme Court Justices, acting in their official capacities. (Doc. 36 at 10.) Defendants, however, assert that because Plaintiffs seek relief against “Arizona,” the “State,” and the “Arizona Supreme Court,” and do not seek any relief against the named Justices, their claims are actually against the Arizona Supreme Court or the State of Arizona and are barred by the Eleventh Amendment. (Doc. 54 at 5.) Relying on Mothershed v. Justices of the Sup. Ct., 410 F.3d 602 (9th Cir.2005), Defendants further argue that Plaintiffs’ claims against the Justices are really claims against the Arizona Supreme Court because that court promulgated the challenged AOM Rule at the direction of the State as a sovereign. In Mothershed, the plaintiff alleged that certain Arizona rules governing pro hac vice admission and admission requirements for out-of-state attorneys violated the Sherman Act and the First Amendment. Id. at 605. Although the defendants in Mothershed were state bar officials and state supreme court justices, the Ninth Circuit did not address whether a suit against these individuals would be barred under the Eleventh Amendment as a suit against the state. Instead, the Ninth Circuit found that the individual defendants were state actors for purposes of Parker immunity to antitrust liability. Id. at 608-09. The Ninth Circuit stated that “although [plaintiffs] claim is nominally against certain state bar officials and the Supreme Court Justices in their individual capacities, it is the Supreme Court of Arizona that is the real party in interest because the state bar rules that [plaintiff] is challenging are promulgated by the court in its supervisory role over the practice of law in Arizona.” Id. at 609. Thus, the court concluded that the plaintiff’s antitrust claims were barred. Id. The court, however, did not find that the Eleventh Amendment, or any other form of immunity, barred the plaintiffs First Amendment claims against the defendants, even though it had found that these defendants were acting at the direction of the state as a sovereign. Indeed, the court considered the merits of the plaintiffs First Amendment claims. Id. at 610-612 (finding claims failed as a matter of law because the challenged rules were reasonable time, place, and manner restrictions on Arizonan’s First Amendment right to obtain and consult with a lawyer). Thus, Mothershed does not establish that the Eleventh Amendment bars Plaintiffs’ claims. Furthermore, Plaintiffs argue that the Ex Parte Young exception to Eleventh Amendment immunity applies and allows their claims. (Doc. 69 at 7.) The Ex Parte Young exception allows government officials to be sued in their official capacity for violating federal law. Ex Parte Young, 209 U.S. 123, 160, 28 S.Ct. 441, 52 L.Ed. 714 (1908); see also Ass’n des Eleveurs de Canards et d’Oies du Quebec v. Harris (Harris), 729 F.3d 937 (9th Cir.2013); Salt River Project Agr. Imp. and Power Dist. v. Lee (SRP II), 672 F.3d 1176, 1181 (9th Cir.2012). The Ex Parte Young exception only permits suits for prospective injunctive relief. Demery v. Kupperman, 735 F.2d 1139, 1146 (9th Cir.1984). Additionally, the Ex Parte Young exception “requires a ‘special relation’ between the state officer sued and the challenged statute, such that the officer has ‘some connection with the enforcement of the act [.]’ ” Paisley v. Darwin, 2011 WL 3875992, at *3 (D.Ariz. Sept. 2, 2011) (quoting Confederated Tribes & Bands of Yakama Indian Nation v. Locke, 176 F.3d 467, 469 (9th Cir.1999)). Here, Plaintiffs seek only prospective injunctive relief, they allege violations of federal law, and they are suing the government actors who allegedly violated federal law in his or her official capacity. (See Doc. 36 at 10.) In an analogous case, the Ninth Circuit held that a plaintiff could sue tribal officials, including Justices of the Navajo Nation Supreme Court. SRP II, 672 F.3d at 1181. In so holding, the Court stated, “[t]his lawsuit for prospective injunctive relief may proceed against the officials under a routine application of Ex Parte Young.” Id. at 1177; see also Harris, 2013 WL 4615131, at *3 (under the Ex Parte Young exception, the California Attorney General was not immune under the Eleventh Amendment because she had the duty to prosecute any violations of the allegedly unconstitutional statute). Accordingly, the Eleventh Amendment does not bar Plaintiffs’ claims in this suit. See Giannini v. Real, 711 F.Supp. 992, 996 (C.D.Cal.1989) (finding that although the Eleventh Amendment barred damage claims against the State of California, plaintiffs § 1983 claims for injunctive relief against state officials were not barred by the Eleventh Amendment). B. The Rooker-Feldman Doctrine Defendants next argue that the Rooker-Feldman doctrine bars Kolman’s and Girvin’s claims. (Doc. 54 at 5-7.) Although 28 U.S.C. § 1331 usually vests federal courts with jurisdiction over federal constitutional claims, the Rooker-Feldman doctrine is an exception that applies to preclude jurisdiction. This exception arises out of a negative inference from 28 U.S.C. § 1257, the statute that grants jurisdiction to review a state court judgment only to the United States Supreme Court, and not the federal district courts. See D.C. Ct. App. v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923). Under the Rooker-Feldman doctrine, the federal district courts lack subject matter jurisdiction over a suit that is a “de facto appeal from a state court judgment.” Kougasian v. TMSL, Inc., 359 F.3d 1136, 1139 (9th Cir.2004); Rooker, 263 U.S. 413, 44 S.Ct. 149; Hale v. Harney, 786 F.2d 688, 691 (5th Cir.1986). This doctrine applies even when the challenge to the state court decision involves federal constitutional issues. Feldman, 460 U.S. at 484-86, 103 S.Ct. 1303. The Supreme Court, however, has emphasized the Rooker-Feldman doctrine’s limited scope explaining that “the Rooker-Feldman doctrine ... is confined to ... cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments.” Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 283-84, 125 S.Ct. 1517, 161 L.Ed.2d 454 (2005). The Court noted that in both Rooker and Feldman, the cases that gave rise to the doctrine, the plaintiffs were directly challenging a state court judgment. Exxon, 544 U.S. at 284-85, 125 S.Ct. 1517 (noting that the plaintiffs in Rooker alleged that the “adverse state-court judgment was rendered in contravention of the Constitution” and so should be declared “null and void,” and that the plaintiffs in Feldman, in part, directly challenged a state court’s denial of their petitions seeking waiver of a rule that required bar applicants to have graduated from an ABA-approved law school). In both cases, the plaintiffs “called upon the District Court to overturn an injurious state-court judgment.” Id. at 291-92, 125 S.Ct. 1517. 1. Plaintiffs’ “As Applied” Challenges to the AOM Rule The Second Amended Complaint alleges that, on its face and as applied to Plaintiffs, the AOM Rule violates the First Amendment (Count I). (Doc. 36 at 32-39.) The Second Amended Complaint also generally asserts that Rule 34(f)(1)(A) and (C) violate the Plaintiffs’ rights under the Privileges and Immunities Clause (Count II), the Dormant Commerce Clause (Count III), and the Equal Protection Clause (Count IV). (Id. at 39-45.) The Second Amended Complaint further alleges that Girvin’s rights under the Due Process Clause of the Fourteenth Amendment were violated when she was assigned a failing grade on the UBE. (Count V). (Id. at 46-48.) Finally, the Second Amended Complaint seeks an order admitting Plaintiffs to the Arizona Bar. (Id. at 49.) Defendants argue that although Kolman and Girvin characterize their claims as facial attacks on the constitutionality of Arizona’s AOM Rule, their claims are “inextricably intertwined” with the final decisions of the Arizona Supreme Court denying them admission to the Arizona Bar and, therefore, they are asking this Court to review a state court decision and it lacks jurisdiction to do so. (Doc. 54 at 6) (citing Craig v. State Bar of Cal., 141 F.3d 1353, 1354 (9th Cir.1998).) In the Rooker-Feldman context, the phrase “inextricably intertwined” describes the conclusion that a claim asserts an injury whose source is a state court judgment and, therefore, such a claim is barred by Rooker-Feldman. McCormick v. Braverman, 451 F.3d 382, 393 (6th Cir.2006). “The crucial point is whether the district court is being asked to review the state court decision.” Fayyumi v. City of Hickory Hills, 18 F.Supp.2d 909, 913 (N.D.Ill.1998) (citing Feldman 460 U.S. at 483-84 n. 16, 103 S.Ct. 1303). The Ninth Circuit has explained that “inextricably intertwined” simply means a plaintiff cannot assert legal error of a state court judgment in a district court. Kougasian, 359 F.3d at 1142-43. Kolman applied for admission on motion and the Committee on Character and Fitness denied his admission. The Arizona Supreme Court denied his petition for review. To the extent that Kolman asserts violations of his constitutional rights based on the Arizona Supreme Court’s 2011 denial of his application for admission to practice law in Arizona pursuant to Arizona’s AOM Rule, he is directly attacking a state court judgment and, under Rooker-Feldman, the Court lacks jurisdiction to consider his claims that Arizona’s AOM Rule is unconstitutional “as-applied” to him. See Feldman, 460 U.S. at 487-88, 103 S.Ct. 1303; Lawrence v. Welch, 531 F.3d 364, 369 (6th Cir.2009) (affirming district court’s ruling that the Rooker-Feldman doctrine precluded subject matter jurisdiction over claims for injunctive relief requiring defendants to issue plaintiff a license to practice law). Accordingly, Defendants are entitled to summary judgment on Kolman’s “as-applied” challenges to Arizona’s AOM Rule. See Levanti v. Tippen, 585 F.Supp. 499, 503 (S.D.Cal.1984) (district court lacks jurisdiction to review denial of admission which amounts to an “as-applied” challenge). Furthermore, Kolman’s motion for an order directing the Arizona Supreme Court to immediately admit him to the Arizona Bar under amended Rule 34(f) would require this Court to overturn the Arizona Supreme Court’s prior denial of his application for admission on motion and thus Rooker-Feldman bars review of that motion. See Exxon, 544 U.S. at 291-92, 125 S.Ct. 1517. Accordingly, the Court will deny Kolman’s motion for an order directing the Arizona Supreme Court to admit him to the Arizona Bar for lack of subject matter jurisdiction. (Doc. 90). Girvin failed the July 2012 UBE administered in Arizona, but did not petition the Arizona Supreme Court for review of the Committee on Examination’s determination of her grade. (DSOF ¶ 28; Doc. 70, Ex. 1 at 6, admitting DSOF ¶ 28.) Girvin alleges that she was denied procedural due process because the results of the Arizona UBE “are secret, [t]he grading policy is secret,” and “there is no meaningful opportunity for judicial review” of those results. (Doc. 36 at 47.) Defendants assert that because Girvin did not seek review in the Arizona Supreme Court, the Committee on Examinations’ initial determination that she should be denied admission to the Arizona Bar constitutes a final decision of the Arizona Supreme Court, and federal court review of that decision is barred by the Rooker-Feldman doctrine. (Doc. 54 at 6.) The Rooker-Feldman doctrine does not apply unless the federal plaintiff seeks to “overturn an injurious state-court judgment.” Exxon, 544 U.S. at 292, 125 S.Ct. 1517. Defendants do not cite any authority that supports their argument that the Committee on Examination’s recommendation that Girvin be denied admission to the Arizona Bar constitutes a “state-court judgment” for purposes of the Rooker-Feldman doctrine. Instead, Defendants cite Craig v. State Bar of Cal., 141 F.3d 1353 (9th Cir.1998), to support their argument that Girvin is challenging a decision of the Arizona Supreme Court. In that case, however, the plaintiff sought review of the Committee of Bar Examiners decision in the California Supreme Court and the court denied review. See Craig, 141 F.3d at 1353. Thus, in Craig, the plaintiff was challenging a decision of the California Supreme Court regarding his bar admission and his claim was barred by the Rooker-Feldman doctrine. Id. at 1354. Here, because Girvin did not seek review in the Arizona courts, she is not seeking review of a state court judgment. Although Girvin’s procedural due process claim may not be subject to review for some other reason, it is not precluded by the Rooker-Feldman doctrine. 2. Plaintiffs’ Facial Challenges to the AOM Rule The Rooker-Feldman doctrine, however, does not bar Plaintiffs’ general challenges to Arizona’s AOM Rule. See Feldman, 460 U.S. at 486, 103 S.Ct. 1303. Plaintiffs seek an order declaring Ariz. R. Sup.Ct. 34(f) unconstitutional on its face. (Doc. 36 at 49.) This request is not individual to Kolman, Anderson, or Girvin, and it is not based on any Arizona Supreme Court decision denying an individual application for admission on motion to the Arizona Bar. Therefore, this Court has jurisdiction to consider a facial attack on the Arizona AOM Rule. See Levanti, 585 F.Supp. at 503 (finding that the district court had jurisdiction over plaintiffs claim that the grading scheme employed by the bar examiners unconstitutionally discriminates against non-residents); Doe v. Florida Bar, 630 F.3d 1336, 1341-42 (11th Cir.2011) (noting that, in contrast to an as-applied challenge, “[a] facial challenge ... seeks to invalidate a statute or regulation itself’ and considering merits of facial challenge to Florida Bar’s rules governing recertification process); Craig, 141 F.3d at 1354-55 (affirming district court’s dismissal of complaint for lack of subject matter jurisdiction because plaintiffs allegations regarding the state bar’s refusal to modify the oath to conform with his religious beliefs was personal to him and his “sweeping prayer” for “relief as the Court deems just and proper” did not convert his “distinctly individual claims into a general challenge to the oath requirement.”). C. Judicial Immunity Defendants also assert that this suit is barred because as Arizona Supreme Court Justices they have judicial immunity. (Doc. 54 at 7.) Generally, judges who are sued in their personal capacities for decisions made in their judicial capacities are entitled to absolute judicial immunity. Forrester v. White, 484 U.S. 219, 225-26, 108 S.Ct. 538, 98 L.Ed.2d 555 (1988). Judicial immunity applies “ ‘however erroneous the act may have been, and however injurious in its consequences it may have proved to the plaintiff.’ ” Cleavinger v. Saxner, 474 U.S. 193, 199-200, 106 S.Ct. 496, 88 L.Ed.2d 507 (1985) (quoting Bradley v. Fisher, 80 U.S. 335, 347, 13 Wall. 335, 20 L.Ed. 646 (1871)). “Grave procedural errors or acts in excess of judicial authority do not deprive a judge of this immunity.” Schucker v. Rockwood, 846 F.2d 1202, 1204 (9th Cir.1988). Moreover, “judicial immunity is not overcome by allegations or bad faith or malice.... ” Mireles v. Waco, 502 U.S. 9, 11, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991). Here, Plaintiffs are suing the Defendants in their official capacities, thus a judicial immunity defense is unavailable. In Kentucky v. Graham, the Supreme Court explained that personal immunity does not bar official capacity suits: When it comes to defenses to liability, an official in a personal-capacity action may, depending on his position, be able to assert personal immunity defenses[.] In an official-capacity action, these defenses are unavailable. The only immunities that can be claimed in an official-capacity action are forms of sovereign immunity that the entity, qua entity, may possess, such as the Eleventh Amendment. 473 U.S. 159, 167-68, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985) (internal citations and footnote omitted); see also Pulliam v. Allen, 466 U.S. 522, 541-542, 104 S.Ct. 1970, 80 L.Ed.2d 565 (1984) (“We conclude that judicial immunity is not a bar to prospective injunctive relief against a judicial officer acting in her judicial capacity.”). Accordingly, judicial immunity does not bar this action. D. Legislative Immunity Defendants also assert that “if Plaintiffs had” made allegations related to the adoption of the challenged AOM Rule, they would have absolute legislative immunity. (Doc. 54 at 7.) The Second Amended Complaint, however, does not include allegations related to the adoption of the AOM Rule at issue and thus does not implicate the legislative immunity doctrine. The Court declines to speculate whether legislative immunity might have barred other claims that Plaintiffs could have brought. E. Article III Justiciability Doctrines Defendants next argue that this case does not present a justiciable case or controversy, as Article III requires. They argue that the NAAMJP, Girvin, Kolman, and Anderson lack standing to challenge Arizona’s AOM Rule because they lack the requisite injury. (Doc. 54 at 8-11.) Plaintiffs assert that they having standing because they are injured by Arizona’s “tit-for-tat bar admission rules.” (Doc. 70, Ex. 1 at 2.) 1. The NAAMJP’s Standing Defendants assert that the NAAMJP does not have standing to bring this action because it cannot be the “object of the challenged AOM Rule and accordingly lacks the injury required by Article III.” (Doc. 54 at 8.) The standing doctrine ensures that a plaintiffs claims arise in a “concrete factual context” appropriate to judicial resolution. Valley Forge Christian Coll. v. Ams. United for Separation of Church & State, Inc., 454 U.S. 464, 472, 102 S.Ct. 752, 70 L.Ed.2d 700 (1982). Standing ensures that the proper party has brought suit. To establish standing, a plaintiff must show that he has suffered a concrete injury, that there is a causal connection between his injury and the defendant’s conduct, and that the injury will likely be redressed by a favorable decision. United States v. Hays, 515 U.S. 737, 742-43, 115 S.Ct. 2431, 132 L.Ed.2d 635 (1995) (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992)). The party invoking federal jurisdiction bears the burden of establishing standing. Lujan, 504 U.S. at 561, 112 S.Ct. 2130; see also Warth v. Seldin, 422 U.S. 490, 518, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975) (“It is the responsibility of the complainant clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute and the exercise of the court’s remedial powers.”). a. Third-Party Standing The NAAMJP argues that it has third-party standing to assert claims for attorneys who are not before the Court and “who wish to remain anonymous.” (Doc. 36 at 5.) Plaintiffs allege that the unnamed attorneys, who are members of the NAAMJP, are “stigmatized, slandered, and humiliated by the Rule 34(f) blanket presumption that they are not competent in their profession.” (Doc. 36 at 5.) These allegations do not confer standing on the NAAMJP. A litigant may bring a case on behalf of a third party in limited circumstances when: “ ‘(1) the litigant has suffered an injury in fact, giving him a sufficiently concrete interest in the outcome of the issue; (2) the litigant has a close relation to the third party; and (3) there exists some hindrance to the third party’s ability to protect his own interest.’ ” Nat’l Ass’n for Advancement of Multijurisdiction Practice v. Gonzales, 211 Fed.Appx. 91, 94-96 (3d Cir.2006) (quoting Taliaferro v. Darby Twp. Zoning Bd., 458 F.3d 181, 189 n. 4 (3d Cir.2006)). The NAAMJP has not met these requirements. Even assuming that the NAAMJP has shown some injury and that there is a sufficient relationship between the NAAMJP and its unnamed attorney members, the NAAMJP fails to show how these attorneys are unable to protect their own interests. Accordingly, the NAAMJP does not have third-party standing. See Gonzales, 211 Fed.Appx. at 94-95 (finding that unnamed attorneys that allegedly suffered injuries due to district courts’ local rules on admission pro hac vice did not confer standing on the NAAMJP). b. First Amendment Standing The NAAMJP also asserts that it has standing to challenge Arizona’s AOM Rule because it is a corporation with a federal right to petition for redress of grievances and “state restrictions on that federal right are subject to First Amendment scrutiny.” (Doc. 36 at 5.) The NAAMJP essentially argues that because the NAAMJP has First Amendment rights, it has standing to challenge Arizona’s AOM Rule. In support of that assertion, the NAAMJP relies on Citizens United v. Fed. Election Comm., 558 U.S. 310, 130 S.Ct. 876, 175 L.Ed.2d 753 (2010). The NAAMJP’s reliance on Citizens United is misplaced. In Citizens United, the Supreme Court considered a non-profit corporation’s constitutional challenges to certain provisions of the Bipartisan Campaign Reform Act of 2002. The Court held “that the First Amendment does not allow political speech restrictions based on a speaker’s corporate identity.” Id. at 337, 130 S.Ct. 876. Thus, Citizens United would support the NAAMJP’s position if it were asserting that it has standing to assert that its political speech was restricted because of its corporate identity. This case, however, does not involve the NAAMJP’s political speech or any infringement on its First Amendment rights. Therefore, the NAAMJP does not have standing to assert the constitutional claims alleged in the Second Amended Complaint because it has not suffered the requisite injury. 2. Girvin’s and Anderson’s Standing Defendants also argue that Girvin and Anderson cannot assert the claims in the Second Amended Complaint because they do not satisfy Article' Ill’s “case or controversy” requirements. (Doc. 54 at 9.) The exercise of judicial power under Article III of the Constitution depends on the existence of a case or controversy. Preiser v. Newkirk, 422 U.S. 395, 401, 95 S.Ct. 2330, 45 L.Ed.2d 272 (1975). Federal plaintiffs “ ‘must allege some threatened or actual injury resulting from the putatively illegal action.’ ” O’Shea v. Littleton, 414 U.S. 488, 493, 94 S.Ct. 669, 38 L.Ed.2d 674 (1974) (quoting Linda R.S. v. Richard D., 410 U.S. 614, 617, 93 S.Ct. 1146, 35 L.Ed.2d 536 (1973)). Abstract or hypothetical injury is not sufficient. Plaintiffs must allege that they “have sustained or [are] immediately in danger of sustaining some direct injury” as a result of the challenged statute or official conduct. Mass. v. Mellon, 262 U.S. 447, 488, 43 S.Ct. 597, 67 L.Ed. 1078 (1923). The injury or threat of injury must be both “real and immediate,” and not “conjectural” or “hypothetical.” E.g., Golden v. Zwickler, 394 U.S. 103, 109-110, 89 S.Ct. 956, 22 L.Ed.2d 113 (1969). Defendants argue that Girvin and Anderson have not demonstrated that as a result of Arizona’s AOM Rule they have suffered an injury that may be legally redressed. Girvin does not allege that she applied for admission on motion to the Arizona Bar or that the AOM Rule has prevented her from seeking to practice law in Arizona. (Doc. 36 at 38.) Accordingly, Girvin has not presented this Court with a justiciable claim related to Arizona’s AOM Rule, and this Court lacks jurisdiction over her constitutional challenges to that rule. See Arthur v. Sup. Ct. of Iowa, 709 F.Supp. 157, 162 (S.D.Iowa 1989) (dismissing plaintiffs’ claims for lack of standing because they had not applied for admission to the Iowa Bar under the challenged rule); Nat'l Ass’n of Multijurisdiction Practice, 211 Fed.Appx. at 94-95 (finding that NAAMJP’s attorney members had not suffered any injury because there was no showing that they had applied to practice in the federal district courts or that they would seek to practice there but-for the local rules). Anderson also has not applied to practice in Arizona, but he alleges that he has not moved to Arizona and applied to practice law because of the AOM Rule. (Anderson Decl. ¶¶ 1-2.) In Paciulan v. George, 38 F.Supp.2d 1128, 1135-36 (N.D.Cal.1999), the court considered the plaintiffs’ constitutional challenges to California’s rules on pro hoc vice admission, even though plaintiffs had not alleged that they had applied for pro hoc vice status in a particular state court proceeding and that they were denied such status. Id. at 1135. The court noted that several Ninth Circuit decisions “note that standing may be found in circumstances like [those before the court] where further application would be futile.” Id. (citing Desert Outdoor Adv., Inc. v. City of Moreno Valley, 103 F.3d 814, 818 (9th Cir.1996) (“Desert and OMG also have standing to challenge the permit requirement, even though they did not apply for permits, because applying for a permit would have been futile.”)). The court did not resolve the issue of standing, but rather “assum[ed] for purposes of argument that plaintiffs ha[d] standing, [and concluded that] plaintiffs ha[d] nevertheless failed to state a claim.” Paciulan, 38 F.Supp.2d at 1136. Here, even assuming that Anderson has standing to challenge Arizona’s AOM Rule, as discussed below, Defendants are entitled to summary judgment on his claims. F. Exhaustion Defendants further argue that Kolman, Girvin, and Anderson have not exhausted their claims because they have “not petitioned the Arizona Supreme Court for changes to the AOM Rule in order to initiate discussion about admission on motion in the appropriate state forum.” (Doc. 54 at 11.) Defendants argue that because the AOM Rule is a matter of substantial state interest, Plaintiffs should seek changes through state channels. In support of this assertion, Defendants cite In re Griffiths, 413 U.S. 717, 723, 93 S.Ct. 2851, 37 L.Ed.2d 910 (1973). The Griffiths decision recognized that a state has “a constitutionally permissible substantial interest in determining whether a [state bar] applicant possesses ‘the character and general fitness requisite for an attorney or counsel-at-law.’ ” Id. (quoting Law Students Civil Rights Research Council v. Wadmond, 401 U.S. 154, 159, 91 S.Ct. 720, 27 L.Ed.2d 749 (1971)). That decision, however, did not address exhaustion of challenges to a state bar’s rules related to admission processes. Here, the Court need not determine whether Plaintiffs were required to exhaust their claims by seeking an amendment to the AOM Rule because their claims are subject to summary judgment, as discussed below. G. Conclusion Regarding Potential Bars to Plaintiffs’ Claims As set forth above, the Court has considered Defendants’ arguments that Plaintiffs’ claims are barred or that the Court lacks jurisdiction over these claims The Court finds that (1) the Eleventh Amendment does not bar Plaintiffs’ claims because the Ex Parte Young exception applies to allow Plaintiffs’ claims, (2) under the Rooker-Feldman doctrine, this Court lacks jurisdiction over Kolman’s “as applied” challenges to Arizona’s AOM Rule and his motion for admission to the Arizona Bar because those claims seek review of a state court judgment, (3) the Rooker-Feldman doctrine does not bar Girvin’s procedural due process claim based on her failing bar score because that claim does not challenge a state court judgment, (4) the Rooker-Feldman doctrine does not bar Plaintiffs’ general challenges to the AOM Rule because the Court has jurisdiction to consider facial attacks on the rule, (5) the Defendants are not entitled to judicial immunity, which is a form of personal capacity immunity, because they have been sued in their official capacities, (6) the Court will not speculate on whether legislative immunity would apply to bar arguments that Plaintiffs have not asserted, (7) the NAAMJP does not have standing to assert claims on behalf of its attorney members, (8) the Court lacks jurisdiction over Girvin’s constitutional challenges to the AOM Rule, except her retaliation claim, because she has not alleged that she suffered an injury as a result of the AOM Rule, and (9) the Court will not determine whether Plaintiffs were required to exhaust their claims by seeking a rule change prior to filing suit. In the absence of any disputed facts, Defendants are entitled to summary judgment on Kolman’s “as applied” challenges, Girvin’s challenges to the AOM Rule, except her retaliation claim, and the NAAMJP’s claims. Because Plaintiffs’ other claims are not barred by immunity or lack of jurisdiction, in the following sections the Court addresses Girvin’s First Amendment retaliation claim, Girvin’s, Kolman’s and Anderson’s arguments that the AOM Rule facially violates the First Amendment, Anderson’s claims under the Privileges and Immunities Clauses, and Plaintiffs’ Dormant Commerce Clause, equal protection, and due process claims.. VI. Analysis of Plaintiffs’ Claims A. Girvin’s First Amendment Retaliation Claim In Count I of the Second Amended Complaint, Girvin alleges that “defendants’ agents” failed her by one point on the July 12, 2012 Arizona UBE to retaliate against her for “exercising her constitutional right to petition.” (Doc. 36 at 38-39.) Girvin alleges that “the defendants’ agents have expressly stated an intention to retaliate, and they have set out to ruin plaintiffs career for exercising her constitutional right to petition.” (Id.) Girvin contends that her scores are of passing quality and that she demonstrated more than a minimum level of competence in her answers. (Id. at 39.) She contends that Arizona’s test results are “secret, final, and not reviewable.” (Id.) In her declaration, Girvin avers that she “believe[s] this failing score is the result of retaliation against [her] by agents of the defendants.” (Girvin Decl. ¶ 16.) She further declares that “defendants’ agents have expressly stated in blunt and unambiguous terms an intention to retaliate, asserting they would ruin [her] attorney’s career if he did not dismiss the lawsuit.” (Id. ¶ 17.) Defendants argue that these statements are not admissible because they are “speculation, opinion, and hearsay.” (Doc. 54 at 12.) The Ninth Circuit has held that a free speech retaliation claim is cognizable under section 1983. See e.g., Soranno’s Gasco, Inc. v. Morgan, 874 F.2d 1310, 1314 (9th Cir.1989) (“Deliberate retaliation by state actors against an individual’s exercise of [the right to petition the government for redress of grievances] is actionable under section 1983.”); see also Mt. Healthy City Bd. of Educ. v. Doyle, 429 U.S. 274, 283-84, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977). Although it is not expressly mentioned in the Constitution, retaliation is actionable because retaliatory actions may chill an individual’s exercise of constitutional rights. See Perry v. Sindermann, 408 U.S. 593, 597, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972). A plaintiff may demonstrate a First Amendment retaliation claim by showing that defendants intended to interfere with the plaintiffs exercise of his First Amendment rights, and the defendants’ acts “would chill or silence a person of ordinary firmness from future First Amendment activities.” See Mendocino Envtl. Ctr. v. Mendocino Cnty., 192 F.3d 1283, 1300-01 (9th Cir.1999); see also Pinard v. Clatskanie Sch. Dist., 467 F.3d 755 (9th Cir.2006). Here, to establish Defendants’ liability under § 1983, Girvin must show that Defendants personally participated in the alleged deprivation of her First Amendment rights. See Jones v. Williams, 297 F.3d 930, 934 (9th Cir.2002) (“In order for a person acting under color of state law to be liable under § 1983 there must be a showing of personal participation in the alleged rights deprivation.”) A plaintiff must link the named defendants to the violation at issue. Ashcroft v. Iqbal, 556 U.S. 662, 678-79, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009); Simmons v. Navajo Cnty., Ariz., 609 F.3d 1011, 1020-21 (9th Cir.2010). Liability may not be imposed under the theory of respondeat superior, Iqbal, 556 U.S. at 676, 129 S.Ct. 1937; Ewing v. City of Stockton, 588 F.3d 1218, 1235 (9th Cir.2009), and administrators may only be held liable if they “participated in or directed the violations, or knew of the violations and failed to act to prevent them.” Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989). Additionally, retaliation is not established simply by showing adverse activity by a defendant after protected speech; rather, plaintiff must show a nexus between the protected speech and the adverse action. See Huskey v. City of San Jose, 204 F.3d 893, 899 (9th Cir.2000). Here, Girvin alleges that her failing score on the July 2012 Arizona UBE was motivated by the desire of “Defendants’ agents” to retaliate against her for filing this lawsuit against Defendants. Girvin’s claims are directed at unidentified “agents” of Defendants who are not parties to this action. She alleges that “defendants’ agents” retaliated against her for filing this action and “have expressly stated an intention to retaliate, and they have set out to ruin plaintiffs career” or to ruin her attorney’s career. (Doc. 39 at 38-39.) The Second Amended Complaint lacks specific factual allegations connecting each individually named Defendant to the alleged retaliatory conduct. The allegations do not specify what role each Defendant played in the described conduct and how each Defendant caused, or failed to correct, the alleged harm. In short, Girvin fails to show an affirmative link between the alleged injury and the conduct of the named Defendants. See Rizzo v. Goode, 423 U.S. 362, 371-72, 96 S.Ct. 598, 46 L.Ed.2d 561 (1976). “[A] plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” Iqbal, 556 U.S. 662, 129 S.Ct. 1937. Each defendant may only be liable for misconduct directly attributed to him or her because there is no vicarious or respondeat superior liability under § 1983. Iqbal, 556 U.S. at 677-79, 129 S.Ct. 1937; see also Darchak v. City of Chicago Bd. of Educ., 580 F.3d 622, 629 (7th Cir.2009). Because § 1983 does not provide for respondeat superior or vicarious liability, Girvin’s retaliation claim against “defendants’ agents” fails as a matter of law. See Mann v. Brenner, 375 Fed.Appx. 232, 235-36 (3d Cir.2010) (dismissing a First Amendment retaliation claim and noting that vague and conclusory allegations that plaintiff was assessed an unreasonable fine in retaliation for using the legal process failed to state a claim); Davis v. Ramen, 2008 WL 3970869, at *6 (E.D.Cal. Aug. 22, 2008) (dismissing First Amendment retaliation claim based on plaintiffs failure to “link each named defendant with affirmative act or omission that demonstrates a violation of plaintiffs federal rights.”). Moreover, Girvin has not presented evidence to create a factual dispute over whether “defendants’ agents” assigned a failing score to her on the July 2012 Arizona UBE in retaliation for her participation in this lawsuit. Defendants, however, have presented evidence that the Committee on Examination consists of twelve members and its duties include administering and grading the Arizona Bar exam. (DSOF ¶ 12.) Although members of the Committee on Examination (Examiners) may be responsible for grading a specific examination question, not every Examiner is assigned a question to grade. (Id.) When an Examiner is assigned a question to grade, he is responsible for overseeing the grading process and directing grading activities, including recording and reporting scores. (DSOF ¶ 12.) Graders help the Examiners with these duties. Graders read the exam answers, analyze the answers, and assign a grade to the answers. The Graders report that grade to the Examiner. (Id.) Defendants have provided the Court with declarations from the Graders and Examiners who scored the Arizona UBE administered on July 24 and July 25, 2012. (DSOF Exs. B and C; Doc. 62.) Plaintiffs object to these declarations as immaterial. (Doc. 70, Ex. 1 at 3.) Plaintiffs’ objection is unfounded. The Examiner and Grader declarations are relevant to the grading of the July 2012 Arizona UBE, which is at issue in Girvin’s retaliation claim. The exams are graded anonymously. (DSOF ¶ 14.) Bar applicants are assigned a random identification (ID), which is the only identifier on the answers viewed by the Examiner and the Grader. (Id.) Communications regarding answers, grades, and applicants are conducted using the applicant’s ID, not the applicant’s name or other specific identifying information. (Id.) There were eight written questions on the July 2012 Arizona UBE. (DSOF ¶ 17.) Eight Examiners and thirteen Graders participated in the grading process. (Id.) The only people involved in grading the exams and issuing grades were the Examiners assigned to a particular question, and the Graders assigned to assist the Examiners. (Id. at ¶ 20.) None of the Examiners or Graders who participated in the grading process for the July 2012 Arizona Bar exam had any knowledge of the name of the person whose exam they graded at any point during or after the grading process. (Id. at ¶¶ 21, 22.) Girvin does not present any facts, or even allege any facts, to raise a genuine issue that the Defendants directed any of the Examiners or Graders to assign a particular, or a failing, grade to Girvin’s Arizona UBE. (Doc. 36 at 38-39; Doc. 70, Ex. 1 ¶¶ 14-15, 20-23.) Although Girvin speculates that someone other than the Graders and Examiners, such as an unidentified “licensing official,” must have been involved in grading her July 2012 Arizona UBE (Doc. 70, Ex. 1 ¶¶ 14-15, 19, 20-23), her unsupported allegations are not sufficient to create a genuine issue of disputed fact. Girvin further alleges that failing Arizona’s UBE by one point is uncommon and thus her failure by that margin is evidence of retaliation. (Doc. 70, Ex. 1 ¶ 24.) Contrary to Girvin’s assertion, her failure by one point does not support a finding of retaliation. Five applicants for the July 2012 bar exam scored one point below passing. (DSOF ¶24.) There is no evidence that any of those applicants had filed a lawsuit against the Arizona Supreme Court or any Arizona Supreme Court Justice before failing the UBE. Girvin’s assertion that few applicants fail the Arizona UBE by one point does not create a genuine issue of disputed material fact regarding retaliation against her for participating in this lawsuit. In summary, Girvin’s retaliation claim fails as a matter law because she has not linked any of the Defendants with the alleged retaliation. Moreover, she fails to create a genuine issue of material fact regarding retaliation against her for participating in this lawsuit. Therefore, Defendants are entitled to summary judgment on Girvin’s First Amendment retaliation claim. B. First Amendment Free Speech, Association, and Petition Claims Plaintiffs argue that Arizona’s AOM Rule impermissibly infringes on their First Amendment rights to free speech, association, and to petition in a public forum. (Doc. 36 at 32-38.) As previously discussed in Section V.B, Plaintiffs’ “as applied” claims are barred and the Court’s review is limited to Plaintiffs’ facial challenge to Arizona’s AOM Rule. “A facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid.” Rust v. Sullivan, 500 U.S. 173, 183, 111 S.Ct. 1759, 114 L.Ed.2d 233 (1991). Plaintiffs have not met this strict standard. 1. Content/View Point Discrimination and Breadth of Rule 34(f) Plaintiffs contend that Arizona’s AOM Rule discriminates on the basis of content and viewpoint because it “denies one group of citizens the right to address selected audiences on controversial issues of public policy....” (Doc. 36 at 32) (quoting Consol. Edison Co. v. Pub. Serv. Comm’n, 447 U.S. 530, 546, 100 S.Ct. 2326, 65 L.Ed.2d 319 (1980)). Plaintiffs assert that Arizona’s AOM Rule discriminates on the basis of content and viewpoint because “it permits attorneys from reciprocity states to obtain a license and petition the courts and speak; whereas it categorically prohibits attorneys from non-reciprocity states the same precious freedoms.” (Doc. 36 at 32.) Plaintiffs further argue that Arizona’s AOM Rule is overly broad because it “chills more speech than necessary by categorically excluding lawyers from non-reciprocity states.” (Doc. 36 at 34.) Contrary to Plaintiffs’ assertion, Arizona’s AOM Rule does not “categorically prohibit” attorneys admitted to practice in non-reciprocity states from admission to practice law in Arizona. Rather, these attorneys may obtain a license to practice law in Arizona by taking the Arizona UBE or by transferring a UBE score from another jurisdiction. See Ariz. R. Sup.Ct. 34(a). Admission on motion is not the only method of admission to the Arizona Bar. Furthermore, the AOM Rule does not improperly “make differential licensing distinctions based on a speaker’s identity as a member of a favored or disfavored bar.” (Doc. 36 at 34.) Although Arizona’s AOM Rule distinguishes between attorneys who were admitted to practice in states that Arizona deems reciprocal and attorneys who were not admitted to practice in such states, that distinction does not violate the First Amendment. The Ninth Circuit recognizes that “states traditionally have enjoyed the sole discretion to determine qualifications for bar membership,” and has upheld regulations on bar membership against First Amendment challenges. See Paciulan, 38 F.Supp.2d at 1137 (N.D.Cal.1999) (state rule permitting pro hac vice admission for non-residents, but not for residents licensed to practice law in other states, did not constitute impermissible speaker discrimination in violation of the First Amendment); see also United Mine Workers of Am. v. Ill. State Bar Ass’n, 389 U.S. 217, 222, 88 S.Ct. 353, 19 L.Ed.2d 426 (1967) (“the States have broad power to regulate the practice of law”). The Supreme Court has explained that the “interest of the States in regulating lawyers is especially great since lawyers are essential to the primary governmental function of administering justice, and have historically been ‘officers of the courts.’ ” Goldfarb v. Va. State Bar, 421 U.S. 773, 792, 95 S.Ct. 2004, 44 L.Ed.2d 572 (1975). In addition, “to further its substantial interest in regulating the legal profession, the State of Arizona may institute reasonable time, place, and manner restrictions on Arizonans’ First Amendment right to consult with an attorney.” Mothershed, 410 F.3d at 611 (upholding Arizona’s rule on pro hac vice admissions against First Amendment challenge). Arizona may also institute reasonable time, place, and manner restrictions on the practice of law in Arizona. See Paciulan, 38 F.Supp.2d at 1137 (the practice of law is protected speech under the First Amendment). Time, place, and manner regulations are reasonable “provided the restrictions ‘are justified without reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information.’ ” Kuba v. 1-A Agric. Ass’n, 387 F.3d 850, 858 (9th Cir.2004) (quoting Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989) (internal quotation marks omitted)). “The principal inquiry in determining content neutrality .., is whether the government has adopted a regulation of speech because of disagreement with the message it conveys. Speech restrictions are content-neutral when they can be justified without reference to the content of the regulated speech.” Honolulu Weekly, Inc. v. Harris, 298 F.3d 1037, 1043 (9th Cir.2002) (internal quotation marks and citation omitted). Rule 34(f) is content-neutral because it establishes eligibility requirements