Legal Opinion
Rutan v. Republican Party of Illinois
Supreme Court of the United States
Decided August 30, 1990No. 88-1872PublishedCited by 1,210 opinions
1Opinion of the CourtJustice Brennan
To the victor belong only those spoils that may be constitutionally obtained. Elrod v. Burns, 427 U. S. 347 (1976), and Branti v. Finkel, 445 U. S. 507 (1980), decided that the First Amendment forbids government officials to discharge or threaten to discharge public employees solely for not being supporters of the political party in power, unless party affiliation is an appropriate requirement for the position involved. *65Today we are asked to decide the constitutionality of several related political patronage practices — whether promotion, transfer, recall, and hiring decisions involving…
2Cases cited17 opinions
- Perry v. SindermannSupreme Court of the United States · 1972
- Buckley v. ValeoSupreme Court of the United States · 1976
- Elrod v. BurnsSupreme Court of the United States · 1976
- Sherbert v. VernerSupreme Court of the United States · 1963
- West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
12 more not listed; retrieve them via the Exa API.
3Cited by1,210 opinions
- Thaddeus-X and Earnest Bell, Jr. v. BlatterCourt of Appeals for the Sixth Circuit · 1999
- Republican Party of North Carolina v. MartinCourt of Appeals for the Fourth Circuit · 1992
- Ocasio-Hernandez v. Fortuno-BursetCourt of Appeals for the First Circuit · 2011
- Engquist v. Oregon Department of AgricultureSupreme Court of the United States · 2008
- Love-Lane v. MartinCourt of Appeals for the Fourth Circuit · 2004
1,205 more not listed; retrieve them via the Exa API.