and that's what happens in elrod and branty.it's not necessary to inquire into the each individual employee. it is an entirely different -- >> see, i had always thought that the idea behind those cases is a different one, that the idea has to do with why the government acted. and once we say that the government acted for an impermissible purpose, which is to, let's say in my hypothetical, get as many democrats as possible into the government, it matters not at all whether the person is a republican, an independent or somebody who's never thought about politics in his life, because the government is acting in a way that's wrongful irrespective of that. >> right. we just disagree. it's called an individual right, not a government wrong. the individual has to be engaging in, whether it's expression or association -- i actually think it's not contested, justice kagan, any more on the free speech side. that with cases like waters, an employee cannot bring a free speech claim that says i didn't actually engage in free speech, but my e

and that's what happens in elrod and branty.it's not necessary to inquire into the each individual employee. it is an entirely different -- >> see, i had always thought that the idea behind those cases is a different one, that the idea has to do with why the government acted. and once we say that the government acted for an impermissible purpose, which is to, let's say in my hypothetical, get as many democrats as possible into the government, it matters not at all whether the person is a republican, an independent or somebody who's never thought about politics in his life, because the government is acting in a way that's wrongful irrespective of that. >> right. we just disagree. it's called an individual right, not a government wrong. the individual has to be engaging in, whether it's expression or association -- i actually think it's not contested, justice kagan, any more on the free speech side. that with cases like waters, an employee cannot bring a free speech claim that says i didn't actually engage in free speech, but my e