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Hemstead Schools Superintendent Blew The Whistle on Corruption, Was Fired, Sued. The Supreme Court Declined To Hear His Case

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Hempstead Long Island N.Y. Schools Superintendent Shimon Waronker. 
Credit: Jeffrey Basinger, Newsday
Many readers, like myself, of the case of Shimon Waronker believe that the decision of the Supreme Court is a denial of free speech under the First Amendment.
Leagle.com:




Summary:
The case detailed below involves Shimon Waronker, the superintendent of the Hempstead Union Free School District on Long Island. He was hired in 2017 to reform a district plagued by academic difficulties and corruption, court papers say. 

Waronker hired investigators and a forensic accounting firm to root out corruption in the district, and he reported some findings to law enforcement. The school board placed him on administrative leave without pay in January 2018.

Waronker sued, alleging violations of his First Amendment free speech rights, 14th Amendment due-process rights, and of state whistleblower laws. He lost in a federal district court and in the U.S. Court of Appeals for the 2nd Circuit, in New York City, which both held that the superintendent's speech about school operations was part of his official duties and thus not protected under the First Amendment.
Supreme Court Declines Superintendent's Case on Reporting Corruption
The U.S. Supreme Court on Monday declined to hear the appeal of a school superintendent in New York state who alleges he was fired for reporting corruption in his new district to law enforcement as he was required to do.
Also, over the dissent of two justices, the high court also declined to hear the case of an individual who was blocked from suing the U.S. Department of Education for alleged violations of the Fair Credit Reporting Act.
The actions came on a busy day of orders and opinions for the court, which is soldiering on with its docket amid the contstraints of the coronavirus pandemic. The court has set May 11 as the date it will hear telephone arguments in Our Lady of Guadalupe School v. Morrissey-Berru (Case No. 19-267), about whether religious schools are exempt from civil rights laws for employment decisions involving lay teachers.
The denial in the New York state case involved Shimon Waronker, who was hired as the superintendent of the Hempstead Union Free School District on Long Island in 2017 to reform a district plagued by academic difficulties and corruption, court papers say.
Waronker hired investigators and a forensic accounting firm to root out corruption in the district, and he reported some findings to law enforcement. The school board placed him on administrative leave without pay in January 2018.
Waronker sued, alleging violations of his First Amendment free speech rights, 14th Amendment due-process rights, and of state whistleblower laws. He lost in a federal district court and in the U.S. Court of Appeals for the 2nd Circuit, in New York City, which both held that the superintendent's speech about school operations was part of his official duties and thus not protected under the First Amendment.
The former superintendent's appeal in Waronker v. Hempstead Union Free School District (No. 19-893) argued that the 2nd Circuit's decision conflicted with a 2014 Supreme Court ruling, Lane v. Franks , which held that a public employee's truthful testimony in court subject to a subpoena was protected speech.
"Waronker was obligated by law to expose the corruption he saw in his school district," says the former superintendent's brief. "If a superintendent of schools sees illegal corruption and does not report it to law enforcement, he has breached his fiduciary duty and may well be an accessory after the fact."
The school district, in a brief urging the court not to take up the case, said that part of the superintendent's job duties were to communicate with outside agencies, and that his communications were not like the compelled testimony at issue in Lane.
"This case is a poor vehicle to provide more general guidance on the question of when speech that exposes corruption may be protected by the First Amendment," the district's brief said.
The justices declined Waronker's appeal without comment.

Our Lady of Guadalupe School v. Morrissey-Berru

Consolidated with:
Docket No.Op. BelowArgumentOpinionVoteAuthorTerm
19-2679th Cir.May 11, 2020
Tr.Aud.
TBDTBDTBDOT 2019
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus brief in support of the respondent in this case.
Issue: Whether the First Amendment's religion clauses prevent civil courts from adjudicating employment-discrimination claims brought by an employee against her religious employer, when the employee carried out important religious functions.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 18 2019Application (19A80) to extend the time to file a petition for a writ of certiorari from July 29, 2019 to August 28, 2019, submitted to Justice Kagan.
Jul 19 2019Application (19A80) granted by Justice Kagan extending the time to file until August 28, 2019.
Aug 28 2019Petition for a writ of certiorari filed. (Response due September 30, 2019)
Sep 11 2019Brief amicus curiae of The National Catholic Educational Association filed.
Sep 26 2019Motion to extend the time to file a response from September 30, 2019 to October 18, 2019, submitted to The Clerk.
Sep 27 2019Brief amici curiae of Professors Douglas Laycock, et al. filed.
Sep 27 2019Brief amici curiae of Church of God in Christ, Inc. and Union of Orthodox Jewish Congregations of America filed. VIDED
Sep 27 2019Brief amici curiae of State of Alaska, et al. filed.
Sep 30 2019Brief amici curiae of The Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al. filed.
Sep 30 2019Brief amici curiae of Christian Legal Society et al. filed.
Sep 30 2019Brief amici curiae of General Conference of Seventh-day Adventists, et al. filed.
Sep 30 2019Brief amicus curiae of Stephen Wise Temple filed.
Sep 30 2019Brief amicus curiae of National Legal Foundation filed.
Oct 01 2019Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2019.
Oct 17 2019Motion to extend the time to file a response from October 18, 2019 to October 28, 2019, submitted to The Clerk.
Oct 18 2019Motion to extend the time to file a response is granted and the time is further extended to and including October 28, 2019.
Oct 28 2019Brief of respondent Agnes Morrissey-Berru in opposition filed.
Oct 28 2019Waiver of the 14-day waiting period under 15.5 filed.
Oct 30 2019DISTRIBUTED for Conference of 11/15/2019.
Nov 01 2019Reply of petitioner Our Lady of Guadalupe School filed. (Distributed)
Nov 12 2019Rescheduled.
Nov 26 2019DISTRIBUTED for Conference of 12/13/2019.
Dec 18 2019Petition GRANTED. The petition for a writ of certiorari in No. 19-348 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Dec 18 2019Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-267. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-267. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jan 27 2020Blanket Consent filed by Petitioner, Our Lady of Guadalupe School. VIDED
Jan 31 2020SET FOR ARGUMENT on Wednesday, April 1, 2020. VIDED
Feb 03 2020Joint appendix filed. (Statement of costs filed.) VIDED
Feb 03 2020Brief of petitioner Our Lady of Guadalupe School filed. VIDED
Feb 06 2020Brief amicus curiae of Foundation for Moral Law filed. VIDED.
Feb 07 2020Brief amici curiae of The Christian and Missionary Alliance, et al. filed. VIDED.
Feb 07 2020Brief amicus curiae of Judicial Watch, Inc. filed. VIDED.
Feb 07 2020Brief amici curiae of COLPA, et al. filed. VIDED.
Feb 07 2020Brief amici curiae of State of Alaska, et al. filed (in 19-267).
Feb 10 2020Brief amici curiae of InterVarsity Christian Fellowship/USA, World Vision Inc., Young Life filed. VIDED.
Feb 10 2020Brief amici curiae of The Ethics & Religious Liberty Commission of the Southern Baptist Convention, et al. filed. VIDED.
Feb 10 2020Brief amicus curiae of National Catholic Educational Association filed. VIDED.
Feb 10 2020Brief amici curiae of Church of God in Christ, Inc. and Union of Orthodox Jewish Congregations of America filed. VIDED.
Feb 10 2020Brief amicus curiae of Torah Umesorah filed. VIDED.
Feb 10 2020Brief amicus curiae of Franciscan University of Steubenville filed. VIDED.
Feb 10 2020Brief amicus curiae of United States Conference of Catholic Bishops filed. VIDED.
Feb 10 2020Brief amici curiae of General Conference of Seventh-day Adventists and Jewish Coalition for Religious Liberty filed. VIDED.
Feb 10 2020Brief amicus curiae of Asma T. Uddin filed. VIDED.
Feb 10 2020Brief amicus curiae of Independent Women's Law Center filed. VIDED.
Feb 10 2020Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed. VIDED.
Feb 10 2020Brief amicus curiae of United States filed. VIDED.
Feb 10 2020Brief amici curiae of American Civil Liberties Union, et al filed. VIDED.
Feb 10 2020Brief amicus curiae of Partnership Schools filed. VIDED.
Feb 10 2020Brief amici curiae of Stephen Wise Temple and Milwaukee Jewish Day School filed. VIDED.
Feb 10 2020Brief amici curiae of Columbia International University and Sixth Mount Zion Missionary Baptist Church filed. VIDED.
Feb 10 2020Brief amicus curiae of American Center for Law and Justice filed. VIDED.
Feb 10 2020Brief amicus curiae of The Rutherford Institute filed. VIDED.
Feb 10 2020Brief amicus curiae of Professor John D. Inazu filed. VIDED.
Feb 10 2020Brief amici curiae of The Association of Classical Christian Schools, et al., filed. VIDED.
Feb 10 2020Brief amici curiae of Senator Mike Lee, et al. filed. VIDED.
Feb 10 2020Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
Feb 10 2020Brief amici curiae of Christian Legal Society, et al. filed. VIDED.
Feb 10 2020Brief amicus curiae of Ethics and Public Policy Center filed. VIDED.
Feb 10 2020Brief amicus curiae of Inner Life Fund filed. VIDED.
Feb 10 2020Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed. VIDED.
Feb 10 2020Brief amici curiae of American Jewish Committee and United Synagogue of Conservative Judaism filed. VIDED.
Feb 10 2020Brief amicus curiae of First Liberty Institute filed. VIDED.
Feb 10 2020Brief amici curiae of Council for Christian Colleges and Universities and Forty Individual Religious Colleges and Universities filed. VIDED.
Feb 10 2020Brief amici curiae of Billy Graham Evangelical Association, et al. filed. VIDED.
Feb 10 2020Brief amici curiae of Professors Douglas Laycock, et al. filed. VIDED.
Feb 10 2020Brief amicus curiae of United States filed. VIDED. (Distributed)
Feb 19 2020CIRCULATED
Feb 19 2020Record requested from the U.S.C.A. 9th Circuit.
Mar 04 2020Brief of respondents filed. VIDED. (Distributed)
Mar 04 2020The record of the USCA 9th Circuit is available on Pacer.
Mar 10 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Mar 10 2020Brief amici curiae of The Freedom From Religion Foundation, et al. filed. VIDED. (Distributed)
Mar 11 2020Brief amici curiae of Center for Inquiry, Inc., et al. filed. VIDED. (Distributed)
Mar 11 2020Brief amici curiae of National Women's Law Center, et al. filed. VIDED. (Distributed)
Mar 11 2020Motion of Virginia, et al. for leave to participate in oral argument as amici curiae and for divided argument filed. VIDED.
Mar 11 2020Brief amici curiae of Virginia, et al. filed. VIDED. (Distributed)
Mar 11 2020Brief amici curiae of National Employment Lawyers Association, et al. filed. VIDED. (Distributed)
Mar 11 2020Brief amici curiae of Clergy and Laity United for Economic Justice and Bet Tzedek filed. VIDED. (Distributed)
Mar 11 2020Brief amici curiae of CHILD USA, et al. filed. VIDED. (Distributed)
Mar 16 2020ORAL ARGUMENT POSTPONED. VIDED.
Mar 23 2020Motion of Virginia, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED. VIDED.
Mar 23 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED.
Apr 03 2020Reply of petitioners filed. VIDED. (Distributed)
Apr 13 2020Argument to be rescheduled for May 2020.
Apr 15 2020RESCHEDULED FOR ARGUMENT on Monday, May 11, 2020. VIDED.
May 11 2020Argued. For petitioners: Eric C. Rassbach, Washington, D. C.; and Morgan L. Ratner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.). For respondents: Jeffrey L. Fisher, Menlo Park, Cal. VIDED.


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