Legal Opinion · Dissent

Lisa Peterson v. James Dean

Court of Appeals for the Sixth Circuit

Decided January 28, 2015No. 14-5219Published

1DissentClay, Circuit Judge

I respectfully dissent. Tennessee law concerning the position of county election administrator, in my view, compels a conclusion that the position is not one for which political loyalty is an appropriate requirement. First, county election administrators serve multi-member commissions that, by statutory design, include members of both the majority and the minority political parties. Second, contrary to the majority, I conclude that the duties assigned to the county administrators by statute do not involve significant policymaking discretion, and that the position is not otherwise suited to…

2Cases cited19 opinions

  1. Branti v. FinkelSupreme Court of the United States · 1980
  2. Rutan v. Republican Party of IllinoisSupreme Court of the United States · 1990
  3. Davis v. BandemerSupreme Court of the United States · 1986
  4. Edward Nekolny, Patrick Dumas, and Maria L. Dahms v. Ann B. Painter, Individually and as Supervisor of Lyons Township, DefendantCourt of Appeals for the Seventh Circuit · 1981
  5. T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995

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