Dalton v. Specter - 511 U.S. 462, 114 S. Ct. 1719 (1994)

Rule:

The United States President's actions are not reviewable under the Administrative Procedure Act (APA), 5 U.S.C.S. § 704, because the President is not an "agency" within the meaning of the APA. The President's actions may still be reviewed for constitutionality.

Facts:

Respondents, members of Congress, filed a complaint against petitioners, Secretaries of Navy and Defense, under the Administrative Procedure Act (APA), alleging violation of the substantive and procedural requirements of the Defense Base Closure and Realignment Act of 1990 (Act). Respondents sought to enjoin petitioners from carrying out a decision by the United States President to close a naval shipyard. The district court dismissed the complaint, holding that judicial review was precluded. The appellate court reversed, holding that the President's decision was reviewable. Certiorari was granted. 

Issue:

Was the United States President's decision under the Defense Base Closure and Realignment Act reviewable under the Administrative Procedure Act? 

Answer:

No.

Conclusion:

The Court reversed, holding that the actions of petitioner Secretary of Defense and the Defense Base Closure and Realignment Commission were not reviewable under the APA because they were not "final agency actions." In addition, the actions of the President could not be reviewed under the APA because the President was not an "agency" under the APA. Furthermore, the claim that the President exceeded his authority under the Act was not a constitutional claim, but a statutory one. Because the Act provided decision-making discretion to the President, judicial review of the President's decision was not available.