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Constitutional Law Keyed to Choper
McCarthy v. Philadelphia Civil Service Commission
Citation:
424 U.S. 645 (1976)Facts
The appellant, McCarthy, served as a firefighter in the Philadelphia Fire Department for 16 years. During his employment, he decided to move his permanent residence from Philadelphia to New Jersey. This move violated a municipal regulation requiring all employees of the city of Philadelphia to maintain residency within the city limits. As a result of this violation, McCarthy’s employment was terminated. McCarthy challenged the constitutionality of the regulation and its authorizing ordinances, arguing that they violated his federally protected right to interstate travel. The Commonwealth Court of Pennsylvania upheld the regulation, and the Pennsylvania Supreme Court denied review. McCarthy then appealed to the U.S. Supreme Court.
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