In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.
Issue: (1) Whether the policymaker exception analysis from Elrod v. Burns and Branti v. Finkel
should apply to employee speech cases that do not
involve political patronage; and (2) whether a presumption in favor of protecting
the free speech interests of a government employee should apply in
a case not involving political patronage and where the
employee is speaking as a private citizen on a matter of
public concern and the speech does not directly criticize
her employer or any identified policy of her employer.