Cole v. Young (1955)
- Docket
- 442
- Decided
- 1955-01-01
Summary
Question: When may an employee be discharged under the Veterans' Preference Act for implicating national security? Conclusion: The Supreme Court reversed the D.C. Circuit, holding that the discharge of an employee without determination that his position was one in which he could adversely affect national security was unauthorized by the Veterans' Preference Act. With Justice John Marshall Harlan II writing for the majority, the Court reasoned that the Act's use of "national security" only relates to the nation's safety, and not the general welfare. Moreover, there was no determination that Mr. Cole's position within the FDA affected national security as the term is used in the Act. Therefore, the Court concluded, Mr. Cole's discharge was invalid.