I first became familiar with the U.S. Supreme Court decision in Rutan v. Republican Party of Illinois, when I began teaching employment law a few years after the decision was issued. Having spent six years in Illinois while attending law school and graduate school, and returning to teach at Chicago-Kent College Law, the case was of particular interest to me, as the names and location of the case all seemed so familiar. I found the dissent by Justice Antonin Scalia particularly interesting in that it raised a number of fascinating issues and made various assertions that seemed to make sense. To be sure, there were other aspects of his opinion that were not entirely convincing and other sections which were, honestly, difficult for me to understand. This essay summarizes Justice Scalia's dissent and comments on some of the assertions that I found interesting over twenty years ago.
Few Thoughts about Scalia's Dissenting Opinion in Rutan v. Republican Party of Illinois and His View of the Public Workplace, 21 Employee Rights and Employment Policy Journal 163
Available at: https://scholarship.law.missouri.edu/facpubs/744