Dalton v. Specter

Dalton v. Specter

Argued March 2, 1994
Decided May 23, 1994
Full case name John H. Dalton, Secretary of the Navy, et al., Petitioners v. Arlen Specter, et al.
Citations

511 U.S. 462 (more)

114 S. Ct. 1719; 128 L. Ed. 2d 497; 1994 U.S. LEXIS 3778; 62 U.S.L.W. 4340; 94 Cal. Daily Op. Service 3643; 94 Daily Journal DAR 6846; 8 Fla. L. Weekly Fed. S 157
Holding
An Executive Order to shut down the Philadelphia Naval Base cannot be held subject to judicial review, since the authorizing statute provided for non-Constitutional remedies for statutory review.
Court membership
Chief Justice
William Rehnquist
Associate Justices
Harry Blackmun · John P. Stevens
Sandra Day O'Connor · Antonin Scalia
Anthony Kennedy · David Souter
Clarence Thomas · Ruth Bader Ginsburg
Case opinions
Majority Rehnquist, joined by O'Connor, Scalia, Kennedy, Thomas
Concurrence Blackmun
Concurrence Souter, joined by Blackmun, Stevens, Ginsburg

Dalton v. Specter, 511 U.S. 462 (1994), was a case in which the United States Supreme Court held that an Executive Order to shut down the Philadelphia Naval Base was not subject to judicial review.[1] In an opinion written by Chief Justice William Rehnquist, the Court held that the decision to close the base was not subject to review under the Administrative Procedure Act because the decision to close the base did not constitute the final action of an agency.[2] Additionally, the Court held that the decision to close the base, which was made pursuant to the Defense Base Closure and Realignment Act of 1990,[3] was not subject to judicial review because the 1990 Act "commits decisionmaking to the discretion of the President".[4]

See also

References

  1. ↑ Dalton v. Specter, 511 U.S. 462, 476-77 (1994).
  2. ↑ Dalton, 511 U.S. at 476.
  3. ↑ Defense Base Closure and Realignment Act of 1990 (1990 Act or Act), 104 Stat. 1808, as amended, note following 10 U.S.C. § 2687 (1988 ed., Supp. IV).
  4. ↑ Dalton, 511 U.S. at 477.


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