United States v. Treasury Employees, 513 U.S. 454, 8 (1995)

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Cite as: 513 U. S. 454 (1995)

Opinion of the Court

II

Two unions and several career civil servants employed full time by various Executive departments and agencies filed suit in the United States District Court for the District of Columbia to challenge the constitutionality of the honoraria ban. Pursuant to a stipulation with the Government, the District Court certified respondent National Treasury Employees Union as the representative of a class composed of all Executive Branch employees "below grade GS-16, who— but for 5 U. S. C. app. 501(b)—would receive 'honoraria,' as defined in 5 U. S. C. app. 505(3)." App. 124-125.5 All of the individual respondents save one are members of the class; the exception is a grade GS-16 lawyer for the Nuclear Regulatory Commission who has published articles about Russian history.

Each of the individual respondents alleges that he or she has in the past received compensation for writing or speaking on various topics in full compliance with earlier ethics regulations. The record contains a number of affidavits describing respondents' past activities that the honoraria ban would now prohibit. A mail handler employed by the Postal Service in Arlington, Virginia, had given lectures on the Quaker religion for which he received small payments that were "not much, but enough to supplement my income in a way that makes a difference." Id., at 47. An aerospace engineer employed at the Goddard Space Flight Center in Greenbelt, Maryland, had lectured on black history for a fee of $100 per lecture. Id., at 63. A microbiologist at the Food and Drug Administration had earned almost $3,000 per year writing articles and making radio and television appearances reviewing dance performances. Id., at 77. A tax examiner

5 In 1993, employees in the certified class earned between $11,903 (GS-1, step 1) and $86,589 (GS-15, step 10). 5 U. S. C. § 5332 (1988 ed., Supp. V). According to OPM, the mean grade was GS-9, which paid workers between $27,789 and $36,123. Office of Personnel Management, Demographic Profile of the Federal Workforce, App. 2, p. 79 (Sept. 1992).

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