Legal Opinion

Illinois State Employees Union, Council 34 v. Lewis

Court of Appeals for the Seventh Circuit

Decided September 18, 1972No. 71-1619PublishedCited by 107 opinions

1Opinion of the Court

STEVENS, Circuit Judge.

The question presented is whether a public employee may be discharged for failing to support the partisan political activities of his immediate superior. Defendant contends as a matter of fact that plaintiffs were not discharged for any such reason and as a matter of law that such a reason is sufficient until political tradition — -at least the patronage aspects of the “spoils” system — is superseded by appropriate legislation. We conclude that neither defendant’s factual nor his legal defense has been established in this case. We start with the facts.

I

The individual…

2Cases cited55 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Baker v. CarrSupreme Court of the United States · 1962
  5. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968

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3Cited by107 opinions

  1. Elrod v. BurnsSupreme Court of the United States · 1976
  2. Quinn v. Syracuse Model Neighborhood Corp.Court of Appeals for the Second Circuit · 1980
  3. 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
  4. Laskaris v. ThornburghCourt of Appeals for the Third Circuit · 1981
  5. John A. Mitchell v. Bruce King, Governor of the State of New MexicoCourt of Appeals for the Tenth Circuit · 1976

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