February 27, 2012
Cert Denied: Court will not hear Garcetti Circuit Split
In its Orders today, the United States Supreme Court denied certiorari to both Bowie v. Maddox, from the DC Circuit, and Jackler v. Byrne, in the Second Circuit. The arguably conflicting cases interpret Garcetti v. Ceballos, but the DC Circuit uses Garcetti to foreclose the employee's claim while the Second Circuit refuses to extend Garcetti.
ConLawProfs looking for a good problem - - - or law students looking for a good paper topic - - - might take a look at Bowie and Jackler.
The Court also denied certiorari in another First Amendment case, denying the petition on behalf of the National Organization for Marriage (NOM), seeking review of the First Circuit's upholding of Maine's disclosure laws, a decision that it revisited somewhat earlier this month, with the same result.
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