The U.S. Supreme Court case Cleveland Board of Education v. Loudermill et al., 1984, centered on the issue of due process rights for public employees facing termination or disciplinary action. The plaintiffs were two Ohio public employees who had been dismissed from their jobs without a hearing, which they argued violated their Fourteenth Amendment right to due process under the Constitution. The Supreme Court agreed with them in a unanimous decision, ruling that before being terminated, public employees who have a property interest in their job must be given an opportunity for a hearing where they can respond to allegations against them and present evidence supporting their case. This landmark decision established what is now known as "Loudermill rights," ensuring procedural protections for government workers across the country.

In the dissenting opinion for Cleveland Board of Education v. Loudermill, Justice White argued that due process does not require a hearing before an employee is dismissed but rather a timely and adequate hearing following dismissal. He stated that the majority's decision to require pre-termination hearings would impose significant administrative burdens on public employers and potentially keep unfit employees in positions longer than necessary. Furthermore, he contended that post-termination hearings were sufficient as long as they provided an opportunity for reinstatement and backpay if the termination was found unjustified. Justice White also expressed concern about extending constitutional protections into areas traditionally governed by state law or contract law.