Nunnery v. Barber

(dissenting) :

I would vacate the judgment of the district court and remand this case for trial.

While Mrs. Nunnery’s complaint is not altogether clear, there is no question that she held a patronage job without tenure.1 She claims that she worked satisfactorily but was nevertheless discharged because she did not actively support the political party that procured her appointment. This, she charges, violated her rights of free political expression and association guaranteed by the first and fourteenth amendments.

The district court conducted no evidentiary hearing. Quoting the epigram, “Those…