Miller v. School District Number 167

In support of his petition for rehearing, appellant has called our attention to the decision of the Supreme Court in Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. 1633, 40 L.Ed.2d 15 (1974). Appellant argues, in effect, that the Court’s construction of the Lloyd-LaFollette Act, 5 U.S.C. § 7051, as creating a “property” interest under the Fifth Amendment requires us to conclude that the relevant Illinois statute likewise created a “property” interest for appellant under the Fourteenth Amendment. It is, of course, clear in both cases that the nature of the employee’s right, if any, to continued…