Chambers v. United States

Adhering to Judge Nichols’ opinion, I wish to add some comment on the dissents, both of which discuss an issue not presented to us, not argued, and which, under our practice, should not be considered by the court.

I

When the case was briefed, argued orally, and submitted, both parties were agreed that plaintiff should be deemed to have been discriminatorily denied federal employment. This was, of course, the foundation of plaintiff’s petition and argument. The operative administrative determinations were of the same view. The formal decision of the Director of Equal Employment Opportunity of…