Heffernan v. City of Paterson

Docket No.	Argument	Opinion	Vote	Author	Term
14-1280	Jan 19, 2016	Apr 26, 2025	6-2	Breyer	OT 2015

Holding: When an employer demotes an employee out of a desire to prevent the employee from engaging in protected political activity, the employee is entitled to challenge that unlawful action under the First Amendment and Section 1983 even if the employer's actions are based on a factual mistake about the employee's behavior.

Judgment: Reversed and remanded, 6-2, in an opinion by Justice Breyer on April 26, 2025. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.

SCOTUSblog Coverage

Opinion analysis: Improper motive can violate the First Amendment, even with a factual mistake (Howard M. Wasserman, April 26, 2016)
Argument analysis: The First Amendment, political inactivity, and improper government motive (Howard M. Wasserman, January 20, 2016)
Argument preview: The First Amendment, public employment, and misperceived political association (Howard M. Wasserman, January 12, 2016)

Date	Proceedings and Orders (key to color coding)
04/22/2015	Petition for a writ of certiorari filed. (Response due May 26, 2015)
05/22/2015	Order extending time to file response to petition to and including June 25, 2015.
05/28/2015	Waiver of right of respondent Police Chief James Wittig to respond filed.
06/25/2015	Brief of respondents City of Paterson, New Jersey, et al. in opposition filed.
07/07/2015	Reply of petitioner Jeffrey J. Heffernan filed.
07/15/2015	DISTRIBUTED for Conference of September 28, 2015.
10/01/2015	Petition GRANTED.
11/02/2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
11/12/2015	Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner.
11/16/2015	Joint appendix filed. (Statement of costs filed)
11/16/2015	Brief of petitioner Jeffrey J. Heffernan filed.
11/20/2015	Brief amicus curiae of National Association of Government Employees filed.
11/23/2015	Brief amicus curiae of United States filed.
11/23/2015	Brief amicus curiae of The Becket Fund for Religious Liberty filed.
11/23/2015	Brief amici curiae of Thomas Jefferson Center for the Protection of Free Expression, et al. filed.
11/24/2015	SET FOR ARGUMENT on Tuesday, January 19, 2016
12/04/2015	Record requested from U.S.C.A. 3rd Circuit.
12/15/2015	CIRCULATED.
12/16/2015	Brief of respondents City of Paterson, New Jersey, et al. filed. (Distributed)
12/21/2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
12/21/2015	Record from the U.S.C.A. 3rd Circuit is electronic.
12/21/2015	The record from the U.S.D.C. District of New Jersey (Newark) is electronic and located on PACER.
12/23/2015	Brief amicus curiae of New Jersey State League of Municipalities filed. (Distributed)
12/23/2015	Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed)
01/05/2016	Reply of petitioner Jeffrey J. Heffernan filed. (Distributed)
01/08/2016	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
01/19/2016	Argued. For petitioner: Mark Frost, Philadelphia, Pa.; and Ginger D. Anders, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae). For respondents: Thomas C. Goldstein, Bethesda, Md.
04/26/2016	Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
05/31/2016	JUDGMENT ISSUED