Tag: public employment

Supreme Court Didn’t Overrule Significant Public Employment Case

Supreme Court cases are usually known for what they hold. Harris v. Quinn will forever be known for what it did not hold. The Court did not overrule Abood v. Detroit Board of Education, a 35-year old precedent that is a cornerstone of public sector collective bargaining. But it certainly foreshadowed its demise. In Harris

Continue reading

Lane v. Franks Leaves Local Governments Holding their Breath

The Supreme Court held unanimously that the First Amendment protects a public employee who provides truthful sworn testimony, compelled by a subpoena, outside the course of his or her ordinary responsibilities. But what about the much more likely scenario:  An employee provides truthful sworn testimony, compelled by a subpoena, which is part of an employee’s

Continue reading

Supreme Court’s Affirmative Action Ruling Likely to Affect Local Government

The Supreme Court’s recent affirmative action ruling should be viewed through the lens of public employment and contracts not just public universities. In Schuette v. Coalition to Defend Affirmative Action the Supreme Court held 6-2 that voters may by ballot prohibit affirmative action in public universities admission decisions.  While this case was limited to the

Continue reading