HOLTZOFF, District Judge.
This is an action by a Union of Federal Government employees and certain individual employees to enjoin a Government agency from discharging or demoting a large number of employees or, in the alternative, render a declaratory judgment adjudicating that the action of the Government, of which the plaintiffs complain, is invalid and in violation of law. The defendants move to dismiss the complaint as not stating a valid claim for relief.
This is a most extraordinary suit. To ask the courts to enjoin a Government agency from discharging employees or demoting them and thus interfere with the internal day-to-day administration of Governmental functions, would be a very unusual action for the courts to take. To be sure, if any of the dismissals or demotions are in violation of the Civil Service Act, the individual employees against whom adverse action has been taken have an administrative remedy provided by law within the Civil Service Commission, and after it is exhausted they may bring individual actions for relief. The relief that may be granted, however, is of a very limited character. The courts may not and do not interfere with the internal administration of Government departments.
This Court had occasion to discuss this general topic in another connection only a few months ago in the case of Protestants and Other Americans United for Separation of Church and State v. O'Brien, 272 F. Supp. 712, 715. There this Court stated:
"The Courts may not, however, control or supervise the operations of the other two branches of Government. Thus the courts may not interfere with the management of the internal affairs of either House of Congress * * * or pass upon the qualifications of its members * * *. So, too, the courts may not control, direct, supervise or interfere with the management, operation or activities of the departments or other agencies of the Executive branch of the Government, or of Government establishments, such as public schools, or public hospitals. Federal judges are not supervisors or overseers of Government agencies or institutions."
Many years ago, Chief Justice Taney, in his usual pointed manner, in the case of Decatur v. Paulding, 39 U.S. (14 Pet.) 497, 516, 10 L. Ed. 559, made the following statement:
"The interference of the courts with the performance of the ordinary duties of the Executive departments of the Government would be productive of nothing but mischief and we are quite satisfied that such a power was never intended to be given them."