Lindahl v. Office of Personnel Management
| Decision Date | 20 March 1985 |
| Docket Number | No. 83-5954,83-5954 |
| Citation | 84 L.Ed.2d 674,470 U.S. 768,105 S.Ct. 1620 |
| Parties | Wayne LINDAHL v. OFFICE OF PERSONNEL MANAGEMENT |
| Court | U.S. Supreme Court |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
448 cases
-
Hisler v. Gallaudet University
...Congress included in OPM's responsibilities the administration of the CSRA. 5 U.S.C. § 8347(a); Lindahl v. Office of Pers. Mgmt., 470 U.S. 768, 773-74, 105 S.Ct. 1620, 84 L.Ed.2d 674 (1985). Congress also vested MSPB with jurisdiction to review OPM's Retirement Act decisions. 5 U.S.C § 8347......
-
In re Border Infrastructure Envtl. Litig., Case No.: 17cv1215–GPC(WVG)
...conducted judicial review of facial, ultra vires claims despite a statutory bar on judicial review.12 See Lindahl v. OPM, 470 U.S. 768, 789, 791, 105 S.Ct. 1620, 84 L.Ed.2d 674 (1985) (statutory bar did not bar review of alleged errors of law or procedure but it did bar review of factual de......
-
Runkle v. Gonzales
...employees]." United States v. Fausto, 484 U.S. 439, 443, 108 S.Ct. 668, 98 L.Ed.2d 830 (1988) (quoting Lindahl v. OPM, 470 U.S. 768, 773-74, 105 S.Ct. 1620, 84 L.Ed.2d 674 (1985)). Included in the CSRA framework are certain "prohibited personnel practices," one of which prohibits reprisal f......
-
New York v. U.S. Dep't of Homeland Sec., Docket Nos. 19-3591
...aware of prevailing administrative interpretations of "public charge" when it enacted IIRIRA. See Lindahl v. Office of Pers. Mgmt. , 470 U.S. 768, 782-83, 105 S.Ct. 1620, 84 L.Ed.2d 674 (1985) (applying ratification canon where legislative history demonstrated Congress was aware of interpre......
Request a trial to view additional results
5 books & journal articles
-
Agency Legislative History
...was created "to meet the objection of Treasury to the discharge of so-called trust fund taxes").95. Id. at 272. 96. Id. at 277.97. 470 U.S. 768, 784-85 (1985).98. Id. at 780.99. Id. at 784 ("Thereafter, the full Committee adopted an amendment in the nature of a substitute to H.R. 2510 that ......
-
Judicial review of environmental compliance orders.
...begin with the strong presumption that Congress intends judicial review of [agency] action."); Lindahl v. Office of Personnel Management, 470 U.S. 768, 778 (1985) ("We have often noted that ~only upon a showing of ~clear and convincing evidence' of a contrary legislative intent' should the ......
-
Restoring the Essential Safeguard: Why the Abbott Test For Preclusion of Judicial Review of Agency Action is an Inadequate Method For Protecting Separation of Powers
...state court, and can only appeal after a final agency decision. 42 U.S.C. § 405 (2018). 38. See, e.g., Lindahl v. Office of Pers. Mgmt., 470 U.S. 768, 787 (1985). 39. Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177 (1803). 40. 38 U.S.C. § 511 (2018) (governing veterans’ benefits decisions......
-
CHAPTER 8 JUDICIAL REVIEW OF AGENCY ACTION: AN OVERVIEW
...5 U.S.C. § 701(a)(1). [25] See, e.g., McNary v. Haitian Refugee Center, 498 U.S. 479 (1991); Lindahl v. Office of Personnel Management, 470 U.S. 768 (1985). [26] Block v. Community Nutrition Institute, 467 U.S. 340, 345 (1984). [27] Bowen v. Michigan Academy of Family Physicians, 476 U.S. 6......
Request a trial to view additional results