John H. Dalton, Secretary of the Navy, et al. v. Arlen Specter et al. (511 U.S. 462)
U.S. Supreme Court · decided May 23, 1994 · Supreme Court Database (Spaeth)
- Citation
- 511 U.S. 462 · 114 S. Ct. 1719
- Decided
- May 23, 1994
- Term
- October Term 1993
- Vote
- 9–0
- Majority author
- Justice Rehnquist
- Issue area
- Judicial Power
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Chief Justice Rehnquist delivered the opinion of the Court. Respondents sought to enjoin the Secretary of Defense (Secretary) from carrying out a decision by the President to close the Philadelphia Naval Shipyard. This decision was made pursuant to the 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). The Court of Appeals held that judicial review of the decision was available to ensure that various participants in the selection process had complied with procedural mandates specified by Congress. We hold that such review is not available. The decision to close the shipyard was the end result of an elaborate selection process prescribed by the 1990 Act. Designed “to provide a fair process that will result in the timely closure and realignment of military installations inside the United States,” § 2901(b), the Act provides for three successive rounds of base closings — in 1991, 1993, and 1995, § 2903(c)(1). For each round, the Secretary must prepare closure and realignment recommendations, based on selection criteria he establishes after notice and an opportunity for public comment. §§ 2903(b) and (c). The Secretary submits his recommendations to Congress and to the Defense Base Closure and Realignment Commission (Commission), an independent body whose eight members are…
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