Franklin v. Massachusetts
Franklin v. Massachusetts, 505 U.S. 788 (1992), was a United States Supreme Court case regarding the 1990 Census that is most notable in U.S. administrative law for its holding that the Administrative Procedure Act does not authorize challenges to actions of the President of the United States, unless the challenge is to the constitutionality of those actions.[1]
| Franklin v. Massachusetts | |
|---|---|
 | |
| Argued April 21, 1992 Decided June 26, 1992 | |
| Full case name | Franklin, Secretary of Commerce, et al. v. Massachusetts et al. |
| Citations | 505 U.S. 788 (more) |
| Holding | |
| 1. An agency action is "final" when an agency completes its decisionmaking process and the result of that process is one that will directly affect the parties; 2. The President's actions are not reviewable under the APA. | |
| Court membership | |
| |
| Case opinions | |
| Majority | O'Connor, joined by Rehnquist, White, Scalia, Thomas (Parts I and II); Rehnquist, White, Blackmun, Stevens, Kennedy, Souter, Thomas (Part IV); Rehnquist, White, Thomas (Part III, not for a majority) |
| Concurrence | Stevens (concurrence in part and in judgment), joined by Blackmun, Kennedy |
| Concurrence | Scalia (concurrence in part and in judgment), joined by Thomas |
| Laws applied | |
| Administrative Procedure Act | |
Section 704 allows judicial review of "final agency action," but the Court held that the President does not count as an agency as defined in sections and , which do not explicitly mention the President.
See Also
- Dalton v. Specter (1994)
External links
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