Outcome of The Order
The executive order declared: "maximum protection must be afforded the United States against infiltration of disloyal persons into the ranks of its employees, and equal protection from unfounded accusations of disloyalty must be afforded the loyal employees." But those protections were deemed inadequate, as objections surfaced regarding the lack of due process protections resulting from the departmental loyalty board procedures. One complaint concerned the lack of opportunity to confront those anonymous informants that EO 9835 protected from being named to the accused.
Initially, both the D.C. Circuit Court and the U.S. Supreme Court affirmed the procedures of EO 9835 and the Supreme Court did so on a tie vote. In 1955, the Supreme Court held in Peters v. Hobby that the removal of a consultant to the Civil Service Commission by the commission's Loyalty Review Board was invalid. The case had little impact, since the Loyalty Review Board was only defending old cases and had been dismantled by a 1953 Executive Order.
Read more about this topic: Executive Order 9835
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