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BURRUS v. VEGLIANTE

Docket No. 02-6257.

336 F.3d 82 (2003)

William BURRUS, President, American Postal Workers Union, AFL-CIO, and American Postal Workers Union, AFL-CIO, Plaintiffs-Appellees, v. Anthony VEGLIANTE, Vice President, Labor Relations, United States Postal Service, Elaine Kaplan, Special Counsel, U.S. Merit Systems Protection Board, Kay Coles James, Director, U.S. Office of Personnel Management, U.S. Office of Personnel Management, and United States Postal Service, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: July 14, 2003.

Attorney(s) appearing for the Case

David J. Kennedy, Assistant United States Attorney (Gideon A. Schor, Assistant United States Attorney, of counsel), for James B. Comey, United States Attorney for the Southern District of New York, New York, New York, for Defendants-Appellants.

Darryl Anderson (Peter J. Leff, of counsel), O'Donnell, Schwartz & Anderson, Washington, D.C., for Plaintiffs-Appellees.

Before: WINTER and CABRANES, Circuit Judges, and JONES, District Judge.

WINTER, Circuit Judge.

This action involves the questions of whether the 1939 Hatch Act, as amended in 1993, 5 U.S.C. §§ 7321-7326, prohibits postal workers from displaying political materials on union bulletin boards in nonpublic areas of post offices, and, if so, whether the Act is constitutional.

Various federal officials, the United States Office of Personnel Management, and the United States Postal Service ("USPS") (collectively the "government...

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