Dalton v. Specter, 511 U.S. 462, 7 (1994)

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468

DALTON v. SPECTER

Opinion of the Court

a statutory formula. We concluded both that the Secretary's report was not "final agency action" reviewable under the APA, and that the APA does not apply to the President. Id., at 796-801. After we rendered our decision in Franklin, petitioners sought our review in this case. Because of the similarities between Franklin and this case, we granted the petition for certiorari, vacated the judgment of the Court of Appeals, and remanded for further consideration in light of Franklin. O'Keefe v. Specter, 506 U. S. 969 (1992).

On remand, the same divided panel of the Court of Appeals adhered to its earlier decision, and held that Franklin did not affect the reviewability of respondents' procedural claims. Specter v. Garrett, 995 F. 2d 404 (1993) (Specter II). Although apparently recognizing that APA review was unavailable, the Court of Appeals felt that adjudging the President's actions for compliance with the 1990 Act was a "form of constitutional review," and that Franklin sanctioned such review. 995 F. 2d, at 408-409. Petitioners again sought our review, and we granted certiorari. 510 U. S. 930 (1993). We now reverse.

I

We begin our analysis on common ground with the Court of Appeals. In Specter II, that court acknowledged, at least tacitly, that respondents' claims are not reviewable under the APA. 995 F. 2d, at 406. A straightforward application of Franklin to this case demonstrates why this is so. Franklin involved a suit against the President, the Secretary of Commerce, and various public officials, challenging the manner in which seats in the House of Representatives had been apportioned among the States. 505 U. S., at 790. The plaintiffs challenged the method used by the Secretary of Commerce in preparing her census report, particularly the manner in which she counted federal employees working overseas. The plaintiffs raised claims under both the APA and the Constitution. In reviewing the former, we

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