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Wiener v. United States

A "quasi-judicial" Body, Shifting Precedents, Justice Felix Frankfurter


Myron Wiener


United States

Petitioner's Claim

That the court of claims erred by dismissing his suit for back salary, in the wake of his improper dismissal by the president.

Chief Lawyer for Petitioner

T. H. Wachtel

Chief Lawyer for Respondent

J. Lee Rankin, U.S. Solicitor General

Justices for the Court

Hugo Lafayette Black, William J. Brennan, Jr., Harold Burton, Tom C. Clark, William O. Douglas, Felix Frankfurter (writing for the Court), John Marshall Harlan II, Earl Warren, Charles Evans Whittaker

Justices Dissenting



Washington, D.C.

Date of Decision

30 June 1958


Wiener was improperly dismissed by the president.


The decision held that a president does not have the power to arbitrarily remove a "quasi-judicial" commissioner from office.

Related Cases

  • Myers v. United States, 272 U.S. 52 (1926).
  • Humphrey's Executor v. United States, 295 U.S. 602 (1935).


Hurwitz, Howard L. An Encyclopedic Dictionary of American History. New York: Washington Square Press, 1974.

Further Readings

  • Baker, Russell. "Dismissal Ruling Curbs President."New York Times, July 1, 1958, p. 20.
  • Davis, Kenneth S. F.D.R.--The New Deal Years 1933-1937. New York: Random House, 1979.
  • Hall, Kermit, ed. The Oxford Companion To The Supreme Court Of The United States. New York: Oxford University Press, 1992.

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1954 to 1962