Federal court sides with Mosby in suit on her right to fire over politics

A federal appeals court is siding with Baltimore City State's Attorney Marilyn Mosby on her right to fire employees over politics.

Former Assistant State's Attorney Keri Borzilleri filed a lawsuit after she was fired just days after Mosby took office in 2015. Borzilleri claimed she was let go because because she supported Mosby's rival in the election, and that violated her First Amendment right to free speech and free association.

However, Fourth Circuit Court of Appeals Judge J. Harvie Wilkinson III disagreed, ruling to uphold a lower court's decision that prosecutors are exempt from First Amendment political protections. Saying Assistant State's Attorneys are policymakers, and political loyalty to the State's Attorney is an appropriate requirement for the job. Wilkinson wrote “It is therefore entirely proper for an electoral victor to assess whether she has confidence in those charged with fulfilling her ‘duty to the electorate and the public at large to ensure that [her] espoused policies are implemented.’”

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