Tomorrow's First Amendment patronage case at #SCOTUS — http://www.scotusblog.com/case-files/cases/heffernan-v-paterson/ … — could be a doozy.
@brewfangrb No, the whole argument here is the opposite of all of what you're saying, which would have been the case if he WAS taking sides.
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@brewfangrb He wasn't, so the city is saying it CAN'T be political retaliation and you don't even get into that.pic.twitter.com/KU0ZgBVIns
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@theglipper The city is ... pretty aggressive:pic.twitter.com/3v3cPq7QNS
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@chrisgeidner Oh! My former boss is on the govt's amicus brief. -
@theglipper The fact that US is w Heffernan here seems ... notable. -
@chrisgeidner motive but then tried to escape liability on technicality. Didn't work for D in that case; don't think it will work here -
@theglipper I ~think~ you're right. Again: Notable U.S. went against the city here. -
@theglipper But: I do think the parade of horrible a by Paterson is a tooth-and-nails attempt to get an extra vote or two. -
@chrisgeidner 8-1, with NJ native Samuel Alito ruling for the city
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@chrisgeidner Essentially, once it's shown he *wasn't* in a protected activity, it's irrelevant why he was terminated. -
@brewfangrb The question here is: Does mistake of fact get them out of it (city), when their intention was retaliation (employee)? -
@chrisgeidner I can't help but feeling this spells doom if they accept the city's position.
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@chrisgeidner I agree with Heffernan. It's preposterous the city can use a prohibited motive to terminate and it be allowed by being wrongThanks. Twitter will use this to make your timeline better. UndoUndo
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@chrisgeidner Sorry, I think I worded this badly. I understand the positions. I missed what you copied belowThanks. Twitter will use this to make your timeline better. UndoUndo
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