Schilling v. Rogers (SCOTUS 1960), 363 U.S. 666

Summary

The Court held that the District Court lacked jurisdiction to review the Executive Branch's denial of the petitioner's claim for return of property proceeds under § 32(a) of the Trading with the Enemy Act. Section 7(c), the absence of any judicial-review provision in § 32, the statute's legislative history, and the discretionary character of the return authority collectively precluded review under the Administrative Procedure Act. Justice Brennan, joined by the Chief Justice and Justices Black and Douglas, dissented, reasoning that judicial review of the agency's legal determination of eligibility should remain available.

Holding

Whether the Trading with the Enemy Act permitted judicial review of the administrative denial of the petitioner's § 32(a) return claim.. No. Section 7(c)'s provision making the Act's remedies the sole relief and remedy, together with § 32's omission of any judicial remedy for enemy-national return claims, barred judicial review of the administrative determination.

Whether the Administrative Procedure Act supplied judicial review of the administrative determination.. No. The Administrative Procedure Act did not authorize review because the Trading with the Enemy Act precluded judicial review and because the § 32(a) return decision was committed by law to Executive discretion.

Summary

Holding

Cited authorities