UNITED PUBLIC WORKERS V. MITCHELL
330 U.S. 75 (1947)
NATURE OF THE CASE: This was a dispute over the Hatch Act, enacted in 1940, which
declares unlawful certain specified political activities of federal employees.
FACTS: The present appellants sought an injunction before a statutory three judge
district court of the District of Columbia against appellees, members of the United States
Civil Service Commission to prohibit them from enforcing against petitioners the provisions
of the second sentence of 9(a) of the Hatch Act for the reason that the sentence is
repugnant to the Constitution of the United States. A declaratory judgment of the
unconstitutionality of the sentence was also sought. The sentence referred to reads, 'No
officer or employee in the executive branch of the Federal Government ... shall take any
active part in political management or in political campaigns.' It is alleged that
appellants desire to engage in acts of political management and in political campaigns. None
of the appellants, except George P. Poole, has violated the provisions of the Hatch Act.
Defendants moved to dismiss the complaint for lack of a justiciable case or controversy. The
District Court determined that each of these individual appellants had an interest in their
claimed privilege of engaging in political activities, sufficient to give them a right to
maintain the suit. The District Court further determined that the questioned provision of
the Hatch Act was valid and that the complaint therefore failed to state a cause of action.
It accordingly dismissed the complaint and granted summary judgment to defendants.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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