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. 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 | |
| |
| Case opinions | |
| Majority | Rehnquist, joined by O'Connor, Scalia, Kennedy, Thomas |
| Concurrence | Blackmun |
| Concurrence | Souter, joined by Blackmun, Stevens, Ginsburg |
See also
editReferences
editExternal links
edit- Text of Dalton v. Specter, 511 U.S. 462 (1994) is available from: Justia Oyez (oral argument audio)
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