· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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