Broadrick v. Oklahoma Case Brief

Facts of the Case

Three employees of the Oklahoma Corporation Commission were alleged to have been actively participating in their superior’s re-election campaign, in violation of Section 818 of Oklahoma’s Merit System of Personnel Administration Act. The aforementioned statute restricted the political activities of the State’s classified civil servants. Due to the participation in the alleged political activities, the employees were charged by the State Personnel Board of violating Section 818. In response, the employees instituted an action challenging the Act’s validity on the grounds that two of its paragraphs are invalid because of overbreadth and vagueness. The said paragraphs prohibited state employees from soliciting or receiving political contributions, becoming a candidate for paid public office, being a member of a political party’s committee or of a political club, or taking part in the management or affairs of any political party or in any political campaign, except to express an opinion and to cast a vote. The District Court upheld the provisions.

Question

Does the Employee Retirement Income Security Act of 1974 pre-empt state community-property law allowing a non-participant spouse to transfer by a testamentary instrument an interest in undistributed pension plan benefits?

CONCLUSION

0

Case Information

Citation: 413 US 601 (1973)
Argued: Mar 26, 1973
Decided: Jun 25, 1973
Case Brief: 1973