Public Workers v. Mitchell

Public Workers v. Mitchell

Infobox SCOTUS case
Litigants = Public Workers v. Mitchell
ArgueDate = October 17
ArgueYear = 1946
DecideDate = February 10
DecideYear = 1947
FullName = United Public Workers of America (C.I.O.), et al.
v.
Mitchell, et al.
USVol = 330
USPage = 75
Citation =
Prior =
Subsequent =
Holding = A group of federal workers could not block enforcement of a law that created only the possibility of a threat to Ninth Amendment rights.
SCOTUS = 1946-1949
Plurality = Reed
JoinPlurality = Vinson, Burton
Concurrence = Frankfurter
Concurrence/Dissent = Douglas
Dissent = Black
Dissent2 = Rutledge
NotParticipating = Murphy, Jackson
LawsApplied =

"United Public Workers of America v. Mitchell", 330 U.S. 75 (1947), the federal employees sued to enjoin the Hatch Act of 1939, which prohibited federal executive branch employees from engaging in politics. The employees' boss had told them that they could not participate in political campaigns without being fired, leading the employees to file suit. The U.S. Supreme Court awarded standing to one plaintiff who had actually been threatened with termination; the other employees had not faced such a direct threat, and their cases were dismissed for lack of ripeness.

In 1947, the Court decided in "United Public Workers v. Mitchell", that a group of federal workers could not block enforcement of a law that created only the possibility of a threat to Ninth Amendment rights.

ee also

*List of United States Supreme Court cases, volume 330
*"Oklahoma v. United States Civil Service Commission", ussc|330|127|1947
*International Longshoreman's and Warehousemen's Union, Local 37 v. Boyd ussc|347|222|1954

Further reading

*cite journal |last=Rosenbloom |first=David H. |authorlink= |coauthors= |year=1975 |month= |title=Public Personnel Administration and the Constitution: An Emergent Approach |journal=Public Administration Review |volume=35 |issue=1 |pages=52–59 |doi=10.2307/975201 |url= |accessdate= |quote=
*cite journal |last=Wormuth |first=Francis D. |authorlink= |coauthors= |year=1948 |month= |title=The Hatch Act Cases |journal=The Western Political Quarterly |volume=1 |issue=2 |pages=165–173 |doi=10.2307/442217 |url= |accessdate= |quote=

External links

*caselaw source
case="Public Workers v. Mitchell", 330 U.S. 75 (1947)
enfacto=http://www.enfacto.com/case/U.S./330/75/
findlaw=http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=330&page=75


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