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Board of Regents v. Roth

No. 8:25-cv-02004 SCOTUS · Teaching/Historical Teaching/Historical SCOTUS
Court
Supreme Court
mdd
Judge
Deborah L. Boardman
Filed
Jun 23, 2025
Filed (CL)
Jun 23, 2025
CL Status
active

Legal Issues

procedural due processproperty rightsgovernment employmentreasonable expectationentitlementConstitutional lawprocedural due processgovernment employmentproperty rightsFifth AmendmentFourteenth Amendmentcivil servicespoils systemPendleton Civil Service Reform Actmerit-based hiringprobationary employeespolitical appointeestenurewhistleblower protectionMerit Systems Protection Board

The Facts

David Roth, a non-tenured assistant professor at Wisconsin State University, was not rehired after his one-year contract expired. The university provided no reason and no hearing. Roth sued, claiming the university violated his Fourteenth Amendment due process rights by failing to provide notice and a hearing before terminating his employment.

The Issue

Whether a non-tenured public employee has a constitutionally protected property interest in continued employment that triggers due process protections when employment is terminated without cause.

The Rules

U.S. Const. amend. XIV, § 1 Due Process Clause

No State shall deprive any person of life, liberty, or property, without due process of law.

Board of Regents v. Roth, 408 U.S. 564 (1972) Property Interest in Employment - State Law Creation Doctrine

To have a property interest protected by the Fourteenth Amendment's due process clause, a person must have more than an abstract need or desire for a particular benefit; he must have a legitimate claim of entitlement to it. Property interests are not created by the Constitution; they are created and defined by existing state law.

The Application

History

Roth's one-year contract with the university created no constitutionally protected property interest in reemployment because it was explicitly limited in duration and did not constitute a promise of continued employment beyond its terms. Wisconsin state law and university policy provided no independent source creating a legitimate entitlement to renewal. Roth possessed only a contractual right to compensation during the contract year, not a claim of continuing employment. Although Roth had a reasonable expectation of rehiring based on his job performance and status as an assistant professor, the Court determined that subjective expectation alone cannot create a property interest; the source must be external law or policy, not unilateral wishes. Therefore, the university could decline to renew without satisfying procedural due process requirements, as there was no deprivation of a constitutionally protected interest in the first place.

The Conclusion

**The Supreme Court held 5-3 that Roth had no protected property interest in reemployment because his contract was for a fixed term that expired.** The Court established that the source of a property interest is state law or mutually explicit understandings, not the Constitution. Due process protections apply only to deprivations of interests created or recognized by existing state law.

SCOTUS TMR-017fe8e8 May 28, 2026
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