Many state and local government lawyers take for granted that tenured public employees have a property interest in employment protected by the Due Process Clause. Board of Regents of State Colleges v. Roth,1 decided 40 years ago, established that rule, but it may be near death. As I argue in the forthcoming issue of Loyola University of Chicago Law Journal,2 two trends on a possible collision course could prompt the Supreme Court of the United States to reverse four decades of precedent and deny most tenured public teachers due process rights in employment.
