Sarah Jane Underwood v. Rita Harkins

I respectfully dissent. The majority makes a significant mistake when it comes to answering a crucial question about how to apply the Supreme Court’s decisions in Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976), and Branti v. Finkel, 445 U.S. 507, 100 S.Ct. 1287, 63 L.Ed.2d 574 (1980).1 That question is, in determining whether political loyalty is an appropriate requirement for the effective performance of a position held by a public employee — such that the employee can be terminated without violating the First Amendment — are the specific facts regarding the employee’s…