Today, the Supreme Court released its order list from last week’s Conference. Among the seven petitions for writ of certiorari that were granted was the petition in Borough of Duryea v. Guarnieri, No. 09-1476. The petition was filed by CockleBur contributor Dan Ortiz from the University of Virginia Supreme Court Clinic. The Question Presented in the case is:
Whether the Third Circuit erred in holding that state and local government employees may sue their employers for retaliation under the First Amendment’s Petition Clause when they petitioned the government on matters of purely private concern, contrary to decisions by all ten other federal circuits and four state supreme courts that have ruled on the issue.
The petition can be viewed here, the brief in opposition here and the reply brief here.