Rear Admiral (Lh) Noel K. Dysart, Medical Corps, U.S. Navy (Ret.) v. United States

How courts have described this case

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

• construing section 624 of title 10 not to provide for promotions by operation of law because such a reading would conflict with the Constitution
• “Congress does not have the authority to require the President to exercise his appointment power .... ”
• “Congress does not have the authority to require the President to exercise his appointment power . . . .”
• “[T]he President’s decision . . . whether or not to exercise his appointment power is discretionary, and . . . the President cannot be compelled to appoint military officers.”
• “[T]he subject of military promotions is beyond the competence of courts to review.”

Source: CourtListener parenthetical corpus (CC0).