Dalton v. Specter
United States Supreme Court
511 U.S. 462 (1994)
The Defense Base Closure and Realignment Act of 1990 (Act) established the procedure for selecting military bases to be closed. In 1991, the U.S. secretary of defense (secretary) (defendant) determined that the Philadelphia Naval Shipyard (shipyard) should be closed based on selection criteria established in compliance with the Act. As required by the Act, the secretary forwarded the closure recommendation to Congress and a commission consisting of eight presidential appointees. The commission held public hearings and forwarded to the president of the United States a report of the commission’s and the secretary’s recommendations. The commission and the secretary were in agreement about the closure of the shipyard. The next and final step in the closure procedure would be completed if the president sent approval of the recommendations to Congress. Before the president could do so, Senator Arlen Specter and others (plaintiffs) filed suit under the Administrative Procedure Act (APA), 5 U.S.C. § 701 et seq., seeking an injunction against the secretary and other government officials (defendants). The plaintiffs argued that the defendants had failed to comply with the procedural requirements of the Act. The district court dismissed the case, holding that the defendants’ actions were not subject to judicial review. The United States Court of Appeals for the Third Circuit reversed, concluding that the defendants’ actions were not immune from judicial review. The United States Supreme Court vacated the judgment and remanded the case to the Third Circuit for reconsideration in light of Franklin v. Massachusetts, 505 U.S. 788 (1992). The Third Circuit concluded that Franklin did not change the outcome. The Supreme Court granted certiorari to review the Third Circuit’s conclusion.
Rule of Law
Holding and Reasoning (Rehnquist, C.J.)
Concurrence (Souter, J.)
Concurrence (Blackmun, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.