Nostrand v. Little, 362 U.S. 474 (1960)

Nostrand v. Little


No. 342


Argued March 30-31, 1960
Decided May 2, 1960
362 U.S. 474

APPEAL FROM THE SUPREME COURT OF WASHINGTON

Syllabus

In a declaratory judgment action, a State Supreme Court sustained the validity of a state statute providing for the immediate dismissal of any employee of the State or any of its political subdivisions who refuses to swear that he is not presently a member of the Communist Party or any other subversive organization. In this Court, appellants contended that no hearing is afforded at which an employee can explain or defend his refusal to take the oath and that this violates the Due Process Clause of the Fourteenth Amendment; but the State Supreme Court had not passed on the question whether such a hearing is afforded.

Held: the judgment is vacated and the case is remanded to the State Supreme Court for further consideration. Pp. 474-476.

53 Wash.2d 460, 335 P.2d 10, judgment vacated and case remanded.