In the case of Cafeteria & Restaurant Workers Union, Local 473, AFL-CIO v. McElroy et al., the U.S. Supreme Court ruled in favor of a naval base commander's decision to ban an employee from working on the premises without providing her with a hearing or explanation for his actions. The plaintiff was employed by a private company operating within the Brooklyn Naval Yard and had been barred due to unspecified security reasons. She argued that this violated her Fifth Amendment rights to procedural due process as she was not given any opportunity to defend herself against these allegations before losing her job. However, the court held that while individuals do have certain constitutional protections when dealing with government action, these did not extend into areas concerning national security such as military bases where commanders must be able to exercise broad discretion over their operations.

In the dissenting opinion for Cafeteria & Restaurant Workers Union, Local 473, AFL-CIO v. McElroy et al., Justice Hugo Black argued that due process was violated when a cafeteria worker at a naval base was fired and barred from the premises without being given an opportunity to defend herself against accusations of misconduct. He contended that such action infringed on her right to earn a living in her chosen profession. The majority ruled that because the naval base is federal property, its commanders have broad discretion over who can work there; however, Black disagreed with this interpretation of military authority and emphasized the importance of constitutional rights even within military contexts. He believed it essential for individuals to be able to challenge decisions affecting their livelihoods before impartial tribunals rather than solely relying on administrative discretion.