United States Ninth Circuit

In an action claiming that the Federal Employees Pay Comparability Act infringed the right to travel because it penalized federal employees who worked in areas where the prevailing pay rates were lower, summary judgment for defendant is affirmed where: 1) as to employees in lower-paying areas, the act, if anything, imposed a penalty for staying put, not for traveling; and 2) not everything that deterred travel burdened the fundamental right to travel.

Appellate Information

• Argued 05/13/2009
• Decided 11/12/2009
• Published 11/12/2009

Judges

• Before:  ALEX KOZINSKI, Chief Judge, JAY S. BYBEE and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Briefed and argued by Gregory K. McGillivary, Woodley & McGillivary, Washington, D.C., for the plaintiffs-appellants.


• For Appellees:
  
• Argued by Michael Raab, Civil Appellate Division, U.S. Department of Justice, Washington, D.C., who was joined on the briefs by Gregory G. Katsas, Assistant Attorney General, Washington, D.C.;  Edward H. Kubo, Jr., United States Attorney, Honolulu, HI, and Mark R. Freeman, Civil Appellate Division, U.S. Department of Justice, Washington, D.C., for the defendants-appellees.