The Difference Alito Makes

by Jonathan H. Adler

On Friday, the Supreme Court announced that it would rehear the case of Garcetti v. Ceballos, a case in which the Court will decide the extent to which a public employee’s job-related speech is constitutionally protected. In Garcetti, a Los Angeles prosecutor claimed he was sanctioned him for questioning the veracity of a prosecution witness in a memorandum, and that this violated his First Amendment rights. The Court’s decision to rehear the case implies that the justices are split 4-4 and that Justice O’Connor’s vote would have made the difference. As the Washington Post reports on the case here, this is the first order for rehearing since Justice Alito joined the Court.

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