Anna Smith v. United States Civil Service Commission

SPRECHER, Circuit Judge.

The issue raised by this appeal is whether the complaint, mounting a constitutional attack on the Hatch Act insofar as it affects state and local employees, was properly dismissed as lacking a substantial federal question.

I

At the outset we are faced with pleading deficiencies which go to the propriety of federal jurisdiction.

The plaintiffs in their amended complaint for declaratory judgment and injunctive relief have alleged that juris diction is conferred by 28 U.S.C. § 1331 and § 1343Í3). 1

Section 1343(3) grants jurisdiction of an action commenced “[t]o redress the…