Skip to main content
· 4/27/1984

National Treasury Employees Union v. Donald J. Devine, Director, Office of Personnel Management

Citations

  • 733 F.2d 114
  • 236 U.S. App. D.C. 22
  • 1984 U.S. App. LEXIS 23099

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that where Congress enacted an appropriations rider specifying that funds could not be used to effectuate new rules, the Office of Personnel Management's implementation of recently promulgated rules was prohibited and the rules were ren- dered null and void
  • rejecting interpretation of appropriations resolution that would have resulted in \steady accumulation of unreviewed proposals\
  • finding implied repeal of personnel regulations where “Congress expressly stated [in the legislative history] that it wished to prevent the effectuation” of the policies set forth in those regulations
  • finding implied repeal of personnel regulations where “Congress expressly stated [in the legislative history] that it wished to prevent the effectuation” of the policies set forth in those regulations
  • “It is quite different to suggest, as appellant does, that a detailed scheme of administrative adjudication impliedly precludes preenforcement judicial review of rules.”
  • allowing “preenforcement judicial review of rules” over CSRA objections

Source: CourtListener parenthetical corpus (CC0).

Judges: Edwards, Bork, Scalia

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.