Dalton v. Specter

Dalton v. Specter
Dalton v. Specter
	Supreme Court of the United States
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]

References

^ Dalton v. Specter, 511 U.S. 462, 476-77 (1994).
^ Dalton, 511 U.S. at 476.
^ 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).
^ Dalton, 511 U.S. at 477.

External links

Text of Dalton v. Specter, 511 U.S. 462 (1994) is available from: Justia Oyez (oral argument audio)

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[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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See also

References

External links