Legal Opinion

MOW SUN WONG Et Al., Appellants, v. Alan K. CAMPBELL, Director of the Office of Personnel Management Et Al., Appellees

Court of Appeals for the Ninth Circuit

Decided September 2, 1980No. 77-2649PublishedCited by 17 opinions

1Opinion of the Court

BARNES, Senior Circuit Judge:

This appeal raises two challenges to Executive Order No. 11935,5 C.F.R. § 7.4 at 14 (1979), reprinted in 5 U.S.C. § 3301 at 384 (1976), 1 which prohibits any alien from taking the examination for, or from generally being given an appointment in, the federal competitive civil service. 2 The first question is whether the President was sufficiently empowered to issue the order. The second inquiry is, if the President was authorized to issue Executive Order No. 11935, whether the order is unconstitutional because it violates the due process clause of the fifth…

2Cases cited21 opinions

  1. Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952
  2. Greene v. McElroySupreme Court of the United States · 1959
  3. Mathews v. DiazSupreme Court of the United States · 1976
  4. Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp.Supreme Court of the United States · 1948
  5. Harisiades v. ShaughnessySupreme Court of the United States · 1951

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3Cited by17 opinions

  1. Roberta Charmaine Garberding v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1994
  2. Sudomir v. McMahonCourt of Appeals for the Ninth Circuit · 1985
  3. City of Chicago v. ShalalaCourt of Appeals for the Seventh Circuit · 1999
  4. United States v. Lopez-FloresCourt of Appeals for the Ninth Circuit · 1995
  5. National Treasury Employees Union v. ReaganCourt of Appeals for the D.C. Circuit · 1981

12 more not listed; retrieve them via the Exa API.

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