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United States v. Lovett

United States Supreme Court

328 U.S. 303 (1946)

Relevant factsFree

Lovett, Watson, and Dodd (plaintiffs) were federal employees whom a wartime appropriations act barred, by name, from receiving any further salary after a certain date unless the President specifically reappointed them with Senate approval — a restriction Congress imposed because certain members suspected the three of harboring disloyal beliefs or Communist associations. The three continued working without formal reappointment and went unpaid for that work; they sued for their compensation, arguing the act was an unconstitutional bill of attainder, while the government argued Congress's spending decisions were not subject to judicial review at all. The court of claims ruled for the plaintiffs, and the Supreme Court granted certiorari.

IssueFree

Whether Congress can use its appropriations power to permanently prohibit federal funds from being used to compensate specific individuals for their government service, without judicial review.

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