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 JusticeWilliam 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]
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.
dalton, specter, 1994, case, which, united, states, supreme, court, held, that, executive, order, shut, down, philadelphia, naval, base, subject, judicial, review, opinion, written, chief, justice, william, rehnquist, court, held, that, decision, close, base, . 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 Dalton v SpecterSupreme Court of the United StatesArgued March 2 1994Decided May 23 1994Full case nameJohn H Dalton Secretary of the Navy et al Petitioners v Arlen Specter et al Citations511 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 157HoldingAn 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 membershipChief Justice William Rehnquist Associate Justices Harry Blackmun John P StevensSandra Day O Connor Antonin ScaliaAnthony Kennedy David SouterClarence Thomas Ruth Bader GinsburgCase opinionsMajorityRehnquist joined by O Connor Scalia Kennedy ThomasConcurrenceBlackmunConcurrenceSouter joined by Blackmun Stevens GinsburgSee also editList 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 CourtReferences edit 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 editText of Dalton v Specter 511 U S 462 1994 is available from Justia Oyez oral argument audio nbsp This article related to the Supreme Court of the United States is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Dalton v Specter amp oldid 1175141138, wikipedia, wiki, book, books, library,
