cautioning against relying on untrustworthy sources in awarding security clearances to Coast Guard employees
How later courts described this case
- cautioning against relying on untrustworthy sources in awarding security clearances to Coast Guard employees
- denial of security clearance for seamen severely curtailed their employment potential and must comply with due process
Written by the judges who cited it.
The opinion
HEALY, Circuit Judge
(dissenting).
I would affirm the decision and order below on the grounds and for the reasons stated in the trial court’s opinion, D.C., 112 F.Supp. 438 . The Supreme Court had opportunity in Peters v. Hobby, 349 U.S. 331 , 75 S.Ct. 790 , to determine the constitutional issue which this case presents, but it chose not to do so. Particularly in light of what was said in our opinion in United States v. Gray, 9 Cir., 207 F.2d 237 at page 241, I would not undertake to reverse the present judgment but would leave the issue to the Supreme Court to determine on certiorari.