Cafeteria Workers v. McElroy

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Cafeteria Workers v. McElroy
Court Supreme Court of the United States
Citation
Date decided June 19, 1961

Facts

An employee's work badge is revoked for national security reasons.

In 1956, the Naval Gun Factory (Washington Navy Yard) in Washington DC designed & produced top-secret weapons.

"NM Restaurants" at the aforesaid factory operated the on-site cafeteria. Ms Brawner was a cafeteria employee who had to have an ID badge to work at the gun factory. 1 day, a security officer demand that Brawner turn in her badge because she didn't meet the security requirements of the facility.

Navy officials didn't inform Brawner about the reason for her badge revocation.

Procedural History

The restaurant sued the department of defense Neil McElroy (Navy) on behalf of Brawner.

At the Washington DC district court, Brawner loses against the Navy.

Issues

Under the 5th Amendment, is the U.S. government required to hold a trial-type hearing every time the government impairs a person's private interest (here in terms of employment)?

Holding

No. Under the 5th Amendment, the government isn't required to hold a trial-type hearing every time the government impairs a person's private interest.

Reasons

Potter Stewart explained that due-process procedures are determined by the

(nature of the government function) + (private interest affected by the government action).


A hearing isn't constitutionality required when a private interest is a mere privilege. Brawner could have accepted the restaurant's offer to work at a different site operated by the restaurant; she wasn't entitled to work at the top-secret facility.

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