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Administrative Law Keyed to Mawshaw
Dalton v. Specter
Citation:
511 U.S. 462 (1994)Facts
The Defense Base Closure and Realignment Act of 1990 established a process for closing military bases through recommendations from the Secretary of Defense to an independent Commission, which would then make its own recommendations to the President. The President could either approve or disapprove the Commission’s recommendations in their entirety. If approved, Congress had 45 days to pass a joint resolution of disapproval, or the closures would proceed. In 1991, following this process, President Bush approved the Commission’s recommendation to close the Philadelphia Naval Shipyard. Respondents filed suit alleging that the Secretary of Defense and the Commission violated procedural requirements of the Act. The District Court dismissed the complaint, but the Court of Appeals held that certain procedural claims were reviewable. After the Supreme Court decided Franklin v. Massachusetts, which addressed the reviewability of presidential actions, the case was remanded, but the Court of Appeals adhered to its original decision.
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