Dalton v. Specter, 511 U.S. 462, 10 (1994)

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Cite as: 511 U. S. 462 (1994)

Opinion of the Court

able under the APA. Accord, Cohen v. Rice, 992 F. 2d 376 (CA1 1993).

Although respondents apparently sought review exclusively under the APA,4 the Court of Appeals nevertheless sought to determine whether non-APA review, based on either common law or constitutional principles, was available. It focused, moreover, on whether the President's actions under the 1990 Act were reviewable, even though respondents did not name the President as a defendant. The Court of Appeals reasoned that because respondents sought to enjoin the implementation of the President's decision, the legality of that decision would determine whether an injunction should issue. See Specter II, 995 F. 2d, at 407; Specter I, 971 F. 2d, at 936. In this rather curious fashion, the case was transmuted into one concerning the reviewability of Presidential decisions.

II

Seizing upon our statement in Franklin that Presidential decisions are reviewable for constitutionality, the Court of Appeals asserted that "there is a constitutional aspect to the exercise of judicial review in this case—an aspect grounded in the separation of powers doctrine." Specter II, supra, at 408. It reasoned, relying primarily on Youngstown Sheet & Tube Co. v. Sawyer, 343 U. S. 579 (1952), that whenever the President acts in excess of his statutory authority, he also violates the constitutional separation-of-powers doctrine. Thus, judicial review must be available to determine whether the President has statutory authority "for whatever action" he takes. 995 F. 2d, at 409. In terms of this case, the Court of Appeals concluded that the President's statutory authority to close and realign bases would be lacking if the Secretary and Commission violated the procedural

4 See Specter v. Garrett, 995 F. 2d 404, 412 (1993) (Alito, J., dissenting); see also Specter v. Garrett, 777 F. Supp. 1226, 1227 (ED Pa. 1991) (respondents "have asserted that their right to judicial review . . . arises under the Administrative Procedure Act").

471

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