In Heffernan v. City of Paterson, New Jersey the Supreme Court held 6-2 that a public employer violates the First Amendment when it acts on a mistaken belief that an employee engaged in First Amendment protected political activity. The State and Local Legal Center (SLLC) filed an amicus brief taking the opposite position.  

The Court assumed the following facts in this case:  Police officer Jeffery Heffernan worked in the office of the police chief. The mayor was running for reelection against a friend of Heffernan’s, Lawrence Spagnola. Heffernan was demoted after another member of the police force saw Heffernan picking up a Spagnola yard sign and talking to the Spagnola campaign manager and staff. Heffernan was picking up the sign for his bedridden mother.

The False Claims Act (FCA) allows private individuals to sue on behalf of the United States to recover money that has been defrauded from the federal government. While the Supreme Court has yet to rule whether states and local governments can bring FCA claims, local governments, but not state governments, can be sued for making false claims against the federal government.   

What exactly is a false claim? The question for the Supreme Court in Universal Health Services v. Escobar is whether a claim for reimbursement from the federal government containing no affirmative misstatements can be deemed false because the claimant failed to disclose that it has violated a requirement of the federal program. Technically, this is called the “implied certification” theory of legal falsity.

Title VII allows prevailing employers in frivolous Title VII employment discrimination lawsuits to collect a reasonable attorney’s fee. The Equal Employment Opportunity Commission (EEOC) brings lawsuits on behalf of aggrieved employees. But before doing so it has a statutory obligation to investigate, find reasonable cause the employer violated Title VII, and conciliate the dispute.

On Monday the Supreme Court heard oral argument in CRST Van Expedited v. EEOC where it will decide whether an employer is a prevailing party where a court dismissed a Title VII case because the EEOC failed to meet its pre-lawsuit obligations.

Friedrichs v. California Teachers Association could have turned public sector labor law upside down. In an unsurprising move the Supreme Court issued a non-precedential 4-4 opinion affirming the lower court’s decision by an equally divided Court. This opinion continues the status quo. Had Justice Scalia not died in February this case almost certainly would have had a different outcome.  

In Friedrichs v. California Teachers Association the Court was contemplating overruling a nearly 40-year old precedent requiring public sector employees who don’t join the union to pay their “fair share” of collective bargaining costs. More than 20 States have enacted statutes authorizing fair share.

Happy National Pi Day! Pi Day is celebrated each year on March 14, a date that coincides with the numerical value of π, used in mathematics to represent the ratio of the circumference of a circle to its diameter, which is approximately 3.14. In reality, π is an irrational and transcendental number, according to piday.org, which means it goes on infinitely beyond its decimal point. National Pi Day is most appropriately celebrated with a slice of pie, sweet or savory, that can range from fruit pie to deep dish pizza pie. The possibilities are nearly as endless as π itself, but 10 states across the country have made the selection a bit easier by naming certain varieties of pie among their official state foods.

A state of emergency was declared in eleven states in response to Winter Storm Jonas, which slammed the East Coast last week, killing at least 37 people and leaving 250,000 people without power, according to the Weather Channel. 

A state of emergency was declared in eleven states in response to Winter Storm Jonas, which slammed the East Coast last week, killing at least 37 people and leaving 250,000 people without power, according to the Weather Channel. In addition, the storm could end up causing “multi-billion” dollar economic losses, reinsurance broker Aon Benfield told Fortune on Monday.

It was a typical oral argument at the Supreme Court in a “big” case. Protesters outside with opposing messages tried to out yell each other, but everyone inside was listening to Justice Kennedy.

In Friedrichs v. California Teachers Association the Court will decide whether to overrule a nearly 40-year old precedent requiring public sector employees who don’t join the union to pay their “fair share” of collective bargaining costs. More than 20 States have enacted statutes authorizing fair share.

If the Court doesn’t overrule Abood v. Detroit Board of Education (1977) it may instead rule that public employees may be allowed to opt-in rather than required to opt-out of paying “nonchargeable” political union expenditures.

In Heffernan v. City of Paterson, New Jersey the State and Local Legal Center (SLLC) Supreme Court amicus brief argues that a government employer’s perception that an employee has exercised his or her First Amendment rights cannot be the basis for a First Amendment retaliation lawsuit. 

Officer Heffernan was assigned to a detail in the Office of Chief of Police. He was reassigned after he was seen picking up a campaign sign for the current police chief’s opponent.

The First Amendment protects non-policymaking public employees who support a candidate in an election. Officer Heffernan maintains that he was in no way involved with the police chief race. The sign wasn’t for himself; it was for his bedridden mother.

“Data is the lifeblood of state government,” reported CSG Senior Fellows Katherine Barrett and Richard Greene in the June cover story of Governing magazine. Unfortunately, in case after case, states’ internal veins and arteries are full of data that’s inaccurate, misleading or out-of-date. In some instances, vital information is simply missing altogether for a variety of reasons, including a tendency of agencies to hoard their own data, missing out on opportunities to be achieved by sharing it with others in their state.

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