Filed Date: Dec. 22, 1970
Closed Date: 1981
Clearinghouse coding complete
In 1970, five Chinese resident alien civil service employees filed suit in the United States District Court for the Northern District of California, challenging their dismissal from federal government jobs after it was discovered that they were not U.S. citizens. Plaintiffs sought to overturn regulation 5 C.F.R. § 338.101 (1971) of the United States Civil Service Commission, which excluded non-citizens from the competitive civil service jobs, as being unconstitutional.
The District Court (Judge Peckham) upheld the regulation and the plaintiffs appealed. Mow Sun Wong v. Hampton, 333 F.Supp. 527 (N.D.Cal. 1971). The Ninth Circuit reversed the dismissal. Mow Sun Wong v. Hampton, 500 F.2d 1031 (9th Cir. 1974). The Supreme Court granted certiorari. Hampton v. Mow Sun Wong, 417 U.S. 944, 94 S.Ct. 3067, 41 L.Ed.2d 664 (1974).
In a 5-4 decision, the Supreme Court (Justice John Paul Stevens) affirmed the Ninth Circuit opinion and found that the challenged regulation deprived the plaintiffs of liberty without due process of law and was therefore invalid. Hampton v. Mow Sun Wong, 426 U.S. 88, 96 S.Ct. 1895, 48 L.Ed.2d 495 (1976).
On remand, the named plaintiffs moved for injunctive relief consistent with the Supreme Court's decision. However, in response to that decision, President Ford issued Executive Order No. 11935 (September 2, 1976) which barred aliens from virtually all federal civil service jobs. The District Court denied plaintiffs' requested injunctive relief on the basis of President Ford's executive order, which the Court found to be within his authority. Mow Sun Wong v. Hampton, 435 F.Supp. 37 (N.D.Cal.1977). Plaintiffs appealed, but the Ninth Circuit affirmed. Mow Sun Wong v. Campbell, 626 F.2d 739 (9th Cir. 1980) Certiorari was denied Lum v. Campbell, 450 U.S. 959, 101 S.Ct. 1419, 67 L.Ed.2d 384 (1981).
We have no further information on the case.
Summary Authors
Dan Dalton (12/3/2007)
Barnes, Stanley Nelson (California)
Brennan, William Joseph Jr. (District of Columbia)
Bork, Robert Heron (District of Columbia)
Browning, James L. Jr. (District of Columbia)
Denton, Brian B. (California)
Barnes, Stanley Nelson (California)
Brennan, William Joseph Jr. (District of Columbia)
Marshall, Thurgood (District of Columbia)
Peckham, Robert Francis (California)
Stevens, John Paul (District of Columbia)
Wallace, John Clifford (California)
White, Byron Raymond (District of Columbia)
Wright, Eric W. (California)
Last updated March 20, 2024, 3:16 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: California
Case Type(s):
Key Dates
Filing Date: Dec. 22, 1970
Closing Date: 1981
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Five Chinese resident alien civil service employees who were fired after it was discovered that they were not U.S. citizens
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: Unknown
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
U.S. Civil Service Commission, Federal
Case Details
Causes of Action:
Ex Parte Young (Federal) or Bivens
Available Documents:
U.S. Supreme Court merits opinion
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
General:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration/Border: