Cite as: 536 U. S. 452 (2002)
Scalia, J., dissenting
(internal quotation marks and brackets omitted). We found that, "while the [Service] theoretically serves an advisory function, in reality it has a powerful coercive effect on the action agency." Ibid. (internal quotation marks and citation omitted). In this case, by contrast, we simply cannot say— both because it is not true and because it displays gross disrespect to do so—that the action of the President is "coerced" by the Secretary. Not to mention, once again, the statute that explicitly leaves this question to Congress.
For these reasons, I would vacate the judgment of the District Court and remand with instructions to dismiss for want of jurisdiction.
515
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