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MATSUO v. U.S.

No. 08-15553.

586 F.3d 1180 (2009)

Joyce K. MATSUO; Sharon Warren; Ronald Franklin; Frank Hardt; Russell Holland; Roy Matsuo; Michael McCrary; Fred Nolke; Charles Roberts; Ronald Scherler; Roman Buyson; Peter Newman; Thomas Warren; John J. Kato; Michael C. Shearer, on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. UNITED STATES of America; Linda M. Springer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 12, 2009.

Attorney(s) appearing for the Case

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

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.

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

OPINION

KOZINSKI, Chief Judge:

We decide whether the Federal Employees Pay Comparability Act of 1990, 5 U.S.C. § 5301 et seq., imposes an unconstitutional burden on the right to travel.

Facts

The Federal Employees Pay Comparability Act (the Act) provides certain federal employees in the contiguous 48 states with what is known as locality pay—an amount they are paid in addition to salary in order to equalize their compensation...

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