Mitchell et al., Members of the Civil Service Commission, v. Cohen (333 U.S. 411)
U.S. Supreme Court · decided March 8, 1948 · Supreme Court Database (Spaeth)
- Citation
- 333 U.S. 411 · 68 S. Ct. 518
- Decided
- March 8, 1948
- Term
- October Term 1947
- Vote
- 8–1
- Majority author
- Justice Murphy
- Issue area
- Civil Rights
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Murphy delivered the opinion of the Court. The problem here is whether temporary members of the Volunteer Port Security Force of the Coast Guard Reserve are entitled to veterans’ preference in federal employment by virtue of the Veterans’ Preference Act of 1944. Pursuant to § 207 of the Coast Guard Auxiliary and Reserve Act of 1941, approximately 70,000 persons were enrolled as temporary members of the Coast Guard Reserve. The Reserve was a military organization established as a component part of the Coast Guard “to enable that service to perform such extraordinary duties as may be necessitated by emergency conditions.” The Coast Guard, in turn, was created as a military service and constitutes “a branch of the land and naval forces of the United States.” On November 1, 1941, the President directed that the Coast Guard operate as part of the Navy subject to the orders of the Secretary of the Navy. Of the various classifications of temporary members of the Coast Guard Reserve, the largest was known as the Volunteer Port Security Force. Service therein was purely voluntary and was devoted to such activities as the patrol and guarding of harbors, waterfronts, docks, bridges, ships and industrial shore establishments. The members of this force took the oath of allegiance required of the regular members of the Coast Guard. They were enrolled “for the duration of the…
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