1994 United States Supreme Court case
| 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 | |
| |
| 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. 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. 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, was not subject to judicial review because the 1990 Act "commits decisionmaking to the discretion of the President".
See also
- List of United States Supreme Court cases, volume 511
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
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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