Mitchell v. Cohen

Section 2 of the Veterans’ Preference Act (act) gave preference in government employment to “ex-servicemen and women who have served on active duty in any branch of the armed forces of the United States, during any war” and released “under honorable conditions.” Two servicemen (the servicemen) (plaintiffs) were members of the Volunteer Port Security Force (force), a division of the Coast Guard Reserve. Membership in the force was voluntary and temporary, and members could generally disenroll upon request. Other than being covered for expenses for uniforms and food during 12 hours of weekly active duty, members were not paid for their service and could continue working for their civilian employers. Congress passed the act in 1944, before the servicemen disenrolled from the force. Following the act’s passage, the Civil Service Commission (commission) ruled that members of the force were not entitled to veterans’ preference in federal employment, even though the commission had previously determined them eligible under prior law. After the servicemen disenrolled from the force, they were denied veterans’ preference. The servicemen brought an action to compel the commission to deem them eligible. The servicemen argued that they fell within the plain meaning of the word “ex-servicemen” and pointed to § 18 of the act, which preserved preference rights given before the act was passed. According to the servicemen, they were given preference under the commission’s initial determination of eligibility, and that eligibility could not be revoked. The district court granted summary judgment in favor of the servicemen, and the court of appeals affirmed. The United States Supreme Court accepted the case on writ of certiorari.