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eBook details

• Title: Avery v. Jennings
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 20, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

The question presented here is one of first impression: To what extent does the first amendment principle prohibiting political discharge of government employees, established in Elrod v. Burns, 427 U.S. 347, 96 S. Ct. 2673, 49 L. Ed. 2d 547 (1976), and Branti v. Finkel, 445 U.S. 507, 63 L. Ed. 2d 574, 100 S. Ct. 1287 (1980), apply to political hiring decision by local elected officials? We hold that although the first amendment prohibits official hiring policies based solely on political affiliation, it does not constitutionalize civil service standard or establish a hard and fast employment rule against weighing political factors. Neither Congress, a state legislature, nor a local administrator may "enact a regulation" against hiring members of a particular political party, United Public Workers v. Mitchell, 330 U.S. 75, 100, 91 L. Ed. 754, 67 S. Ct. 556 (1947), or exacting a loyalty oath. Wieman v. Updegraff, 344 U.S. 183, 97 L. Ed. 216, 73 S. Ct. 215 (1952), but elected officials may weigh political factors such as party allegiance along with other factors in making subjective hiring judgments.

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