United States Ex Rel. Lee Kum Hoy v. Murff

Background

A group of individuals had been subject to blood grouping tests and found potentially excludable. The Solicitor General told the Court at the Bar that the blood test requirement has been applied without discrimination "in every case, irrespective of race, whenever deemed necessary." Parties challenged the results and argued about possible discriminatory use and accuracy. The case reached the high court after earlier rulings and factual disputes over the tests and reports prompted further review.

Reasoning

The Court noted that it need not decide now whether there was unconstitutional discrimination because of the Solicitor General's representation and the remand. The opinion records that the blood grouping tests used in this case were in some respects inaccurate and that the reports were partly erroneous and conflicting. For that reason the Court vacated the earlier judgments and directed the District Court to reopen hearings before the Special Inquiry Officer or a Board of Special Inquiry. The Court ordered that new, accurate blood grouping tests be made under appropriate circumstances and that relevant evidence be received as offered on the issues involved. The Court explained that because the testing and reports were unreliable, the fact-finding needed to be redone with proper testing and full consideration of offered evidence. The question whether the individuals should be excluded remains for those proceedings.

Real world impact

The decision requires fresh testing and reopened hearings rather than a final ruling now. People affected will get new tests and a chance to present evidence before the separate reviewing bodies. Officials and the affected individuals must follow the District Court's directions when the hearings are reopened. Because the Court did not decide the discrimination claim, the ultimate question of exclusion can still be resolved differently on remand.