Franklin v. Massachusetts

Summary

The Court reversed the District Court’s judgment invalidating the allocation of overseas federal employees to States for congressional apportionment. Justice O’Connor’s majority opinion held that the Secretary’s census report was not final agency action and that the President is not an agency subject to Administrative Procedure Act review. An eight-Justice majority also held that counting temporarily overseas federal employees in their home States was constitutionally permissible. In Part III, joined only by Chief Justice Rehnquist and Justices White and Thomas, O’Connor concluded that plaintiffs could challenge the inclusion of overseas employees, but lacked standing to challenge the accuracy of the allocation data; declaratory relief against the Secretary could redress the inclusion injury. Justice Stevens, joined by Justices Blackmun, Kennedy, and Souter, concurred in Part IV and the judgment, reasoning that the Secretary’s report was reviewable final agency action but that the challenged decisions were lawful and not arbitrary or capricious. Justice Scalia concurred in Parts I and II and the judgment, concluding that the constitutional claims should instead be dismissed for lack of redressability because effective relief would require an impermissible judicial order against the President.