John Marshall Harlan II

Name: Lerner v. Casey — Opinion of the Court
Author: John Marshall Harlan II

Summary

“Lerner v. Casey — Opinion of the Court”, is a work by John Marshall Harlan II. It explores elements such as appellant, the Security Risk Law and reliability.

Quotes from Lerner v. Casey — Opinion of the Court (John Marshall Harlan II)

John Marshall Harlan II, Lerner v. Casey — Opinion of the Court

“ But New York's right to enact legislation to protect its public service against the employment of persons fairly deemed untrustworthy and unreliable, and therefore security risks, can hardly be regarded as constitutionally dependent upon the existence of a public emergency, and we do not think it open to us to inquire into the motives which led the State Legislature to extend the Security Risk Law beyond its original effective period. ”

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Source: Wikisource

John Marshall Harlan II, Lerner v. Casey — Opinion of the Court

“ The Court of Appeals went on to reason that had appellant refused, without more, to answer the question, the finding of 'doubtful trust and reliability' would have undoubtedly been permissible, and that the basis for such a finding, in appellant's refusal to answer, was not destroyed by the claim of the Fifth Amendment privilege because the Commissioner was not required to accept that claim as an adequate explanation of the refusal.
Accepting, as we do, these premises of the state court's opinion, we find no constitutional block to its decision sustaining appellant's dismissal from employment. ”

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Source: Wikisource

John Marshall Harlan II, Lerner v. Casey — Opinion of the Court

“ Certainly it is not a controlling constitutional distinction that New York, rather than impose on employees, as in Garner and Beilan, an absolute duty to respond to permissible inquiry upon threat of dismissal for refusal, has in these proceedings held that an employee lacking in candor to his governmental employer evidences doubt as to his trust and reliability. ”

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Source: Wikisource

John Marshall Harlan II, Lerner v. Casey — Opinion of the Court

“ We address ourselves initially to appellant's constitutional challenges to the Security Risk Law in its entirety or to certain of its provisions. It is said that New York's statute deprives him of procedural due process, in that it provides for dismissal of employees in the first instance without a statutory right to a hearing, opportunity for cross-examination, or disclosure of the evidence on which dismissal is based. ”

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Source: Wikisource

John Marshall Harlan II, Lerner v. Casey — Opinion of the Court

“ State Bar of California, supra, there is here no problem of inadequate notice as to the consequences of refusal to answer, for appellant was specifically notified that continued refusal might lead to his dismissal.
The fact that New York has chosen to base its dismissal of employees whom it finds to be of doubtful trust and reliability on the ground that they are in effect 'security risks' hardly requires a different determination. ”

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Source: Wikisource

John Marshall Harlan II, Lerner v. Casey — Opinion of the Court

“ A discharged employee has a right of appeal to the Civil Service Commission, which may take further evidence (§ 6) .
In November 1953 the Commission determined the New York City Transit Authority, which the appellees in this case constitute, to be a 'security agency,' [3] and in March 1954 it listed the Communist Party of the United States as a 'subversive group,' adopting, as contemplated by the Security Risk Law, the similar listing of the State Board of Regents made under the provisions of the Feinberg Law, N.Y.Laws 1949, c. ”

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Source: Wikisource

John Marshall Harlan II, Lerner v. Casey — Opinion of the Court

“ Accordingly, we think it the better course to dismiss the appeal, and to treat the papers as a petition for a writ of certiorari, which is hereby granted. [6] 28 U.S.C. § 2103. Cf. Sweezy v. State of New Hampshire by Wyman, 354 U.S. 234, 236, 77 S.Ct. ”

John Marshall Harlan II

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