Dalton v. Specter
United States Supreme Court
511 U.S. 462 (1994)
Relevant factsFree
Under the Defense Base Closure and Realignment Act, the Secretary of Defense and a commission recommended closing the Philadelphia Naval Shipyard, but final closure required the President to send approval to Congress; before the President acted, Senator Specter and others (plaintiffs) sued under the APA claiming procedural violations by the defendants, and the district court dismissed for lack of judicial review while the Third Circuit reversed, twice, even after the Supreme Court remanded for reconsideration under Franklin v. Massachusetts.
IssueFree
Whether a presidential action that is required to give final effect to a statutory scheme is reviewable under the Administrative Procedure Act.
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