17 Fair empl.prac.cas. 1562, 17 Empl. Prac. Dec. P 8578 Ronald Vergara v. Robert E. Hampton, Chairman of the United States Civil Service Commission

TONE, Circuit Judge.

In Hampton v. Mow Sun Wong, 426 U.S. 88, 96 S.Ct. 1895, 48 L.Ed.2d 495 (1976), the Court held that a Civil Service Commission regulation barring lawfully admitted resident aliens from the federal competitive civil service deprived those aliens of due process rights. In so. holding, the Court assumed but did not decide that the same bar would not be unconstitutional if it were imposed by Congress or the President. The President then issued an executive order renewing the bar. 1 2 The question before us is the validity of that order. Two district courts, one deciding the Mow…