In order to satisfy strict scrutiny, the Act's restrictions must be “narrowly tailored to promote a compelling Government interest.”
United States v. Playboy Entm't Group, 529 U.S. 803, 813, 120 S.Ct. 1878, 146 L.Ed.2d 865 (2000). Molina concedes that the Act's prohibitions found in
§ 1502(a)(1) & (2) are “necessary and highly desirable as a matter of public policy in order to ensure the integrity of the political process and to prevent public employees from feeling pressured to work for or contribute money to the political campaigns of their bosses or colleagues.” Appellant's Br. 13. Molina attacks
§ 1502(a)(3), the prohibition on running for elective office, on the grounds that “[t]here are many narrower ways to remove partisan political influence from the administration of federal funds....” Appellant's Br. 25. It is true that under strict scrutiny, “[i]f a less restrictive alternative would serve the Government's purpose, the legislature must use that alternative.”
Playboy Entm't Group, 529 U.S. at 813, 120 S.Ct. 1878 (citing
Reno v. ACLU, 521 U.S. 844, 874, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997)). Unfortunately, Molina does not offer any examples of narrower, but effective, restrictions. Furthermore, Molina's concessions do not accurately describe the purpose of the Hatch Act. The Act's application to state employees is not for the benefit of employees (i.e., shielding employees from pressure to contribute to political campaigns). Rather the purpose is to remove “partisan political influence from the administration of federal funds.”
Alexander, 165 F.3d at 485; see also Oklahoma, 330 U.S. at 143, 67 S.Ct. 544 (“The end sought by Congress through the Hatch Act is better public service by requiring those who administer funds for national needs to abstain from active political partisanship.”). In addition to limiting actual influence, the Act also inspires confidence in the government by eliminating the appearance of influence. As the Supreme Court explained in
Letter Carriers, “it is not only important that the Government and its employees in fact avoid practicing political justice, but it is also critical that they appear to the public to be avoiding it, if confidence in the system of representative Government is not to be eroded to a disastrous extent.”
413 U.S. at 565, 93 S.Ct. 2880.