Case Citator › Cafeteria & Restaurant Workers Union, Local 473 v. McElroy

Cafeteria & Restaurant Workers Union, Local 473 v. McElroy

Is it still good law? What later courts have actually done to this case.

Questioned by some courts
Court
Supreme Court of the United States
Citation
367 U.S. 886
Decided
Confirmed treatments
1
Flagged citations read
103 of 103
Citing cases (total)
103
Treatment dates
1973
Questioned by some courts
At least one reviewed court has questioned this case’s reasoning or continued validity. No reviewed court has overruled it. Cafeteria & Restaurant Workers Union, Local 473 v. McElroy was questioned in one later decision, listed below. All 103 flagged citations have been read.
More on how this was screened

The Fourth Circuit doubted McElroy's broad statement about at-will government employment while distinguishing its military security setting. Other courts continued to apply McElroy's context dependent due process rule.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

103 later cases cite Cafeteria & Restaurant Workers Union, Local 473 v. McElroy; 103 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Cafeteria & Restaurant Workers Union, Local 473 v. McElroy?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Questioned

  • The Fourth Circuit questioned McElroy's broad statement that government employment can be revoked at will and doubted whether its holding controlled.

    McNeill v. Butz · Fourth Circuit · filed

    Finally, the government relies on Cafeteria Workers v. McElroy, 367 U.S. at 896, 81 S.Ct. 1743, where, in holding that a concession employee could be barred from a military installation for “security” reasons without a hearing, the majority stated: “The Court has consistently recognized that the interest of a government employee in retaining his job, can be summarily denied. It has become a settled principle that government employment, in the absence of legislation, can be revoked at the will of the appointing officer.” 367 U.S. at 896, 81 S.Ct. at 1749. We are not persuaded that this principle is now as firmly embedded in our jurisprudence as it may have been in 1961, or that the holding in Cafeteria Workers necessarily controls our decision.
    Read the full opinion on CourtListener →

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