Editor's Note :

Editor's Note :

This week the blog will publish a multi-part online symposium on United States v. Texas, a challenge by Texas and twenty-five states to the Obama administration's deferred-action policy for immigration. Contributions to this special feature, as well as an “explainer” by this blog's Lyle Denniston, are available here.

Weintraub v. Board

Petition for certiorari denied on October 18, 2010
Docket No. Op. Below Argument Opinion Vote Author Term
10-202 2nd Cir. N/A N/A N/A N/A OT 2010

Issue: (1) Whether the Supreme Court's holding that a public employee who engages in speech "pursuant to" his official duties cannot invoke the First Amendment protection to insulate his speech from employer discipline, applies only to speech “required” by a public employee's official duties or extends to all speech “stemming from” or “related to” those duties; and (2) whether the inquiry into whether an employee spoke “pursuant to” his official duties is purely a question of law, which a court may resolve at summary judgment, or a mixed question of fact and law properly reserved for a jury.

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