System Spoiled

Fewer plums for party faithful?

To the victor belong the spoils. That old political adage may have been laid to rest last week when the Supreme Court ruled that government employees cannot be routinely fired by a new administration simply because of their political affiliation. Critics, including two of the three dissenting Justices, quickly claimed that by striking a blow against the traditional patronage system, the decision could injure the already ailing political parties.

The case before the court was brought by two assistant public defenders from Rockland County, N.Y., both Republicans. When a Democrat was appointed as their boss in 1978, he tried to replace them with members of his own party. The former test, developed in the 1976 decision Elrod vs. Burns, permitted dismissal of employees who held policy-making or confidential positions. The court ruled last week, however, that under the First Amendment's protection of the freedoms of belief and association, a public employee cannot be fired for partisan reasons unless "party affiliation is an appropriate requirement for the effective performance of the public office involved." The two plaintiffs could stay on.

In dissent, Justice Lewis Powell attacked the decision for "vague and sweeping language" and suggested that it would create "a national civil service system" run by judges. Another critic, John Gunther, executive director of the U.S. Conference of Mayors, expressed concern that the ruling might produce "a government of eunuchs." Said he: "I don't see how you can carry out policy that way. People go to the polls for a change. That's not just one person. It's staff as well."

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