In Branti v. Finkel, the U.S. Supreme Court ruled that public employees cannot be dismissed solely based on their political affiliations unless it directly impacts their job performance and efficiency of the service they provide. The case involved two assistant public defenders who were threatened with dismissal by a newly appointed Public Defender because they did not belong to his political party. They filed suit claiming this violated their First Amendment rights to freedom of association and belief. The court held in favor of the plaintiffs, stating that while some positions may require political loyalty (such as policy-making roles), for most non-policymaking roles, such dismissals are unconstitutional.

In the dissenting opinion for Branti v. Finkel, Justice Powell argued that political affiliation could be an appropriate requirement for certain public positions. He disagreed with the majority's view that party affiliation is irrelevant to effective job performance in a politically affiliated position. Instead, he believed that there are some roles where political loyalty can legitimately affect job performance and thus should be considered during hiring or firing decisions. Furthermore, he expressed concern over judicial intrusion into employment practices of other branches of government and warned against potential negative consequences of such interference on separation of powers principles.