Legal Opinion
David B. Clementson v. William E. Brock, Secretary of Labor of the United States
Court of Appeals for the Ninth Circuit
Decided December 29, 1986No. 85-1989PublishedCited by 11 opinions
1Opinion of the Court
KENNEDY, Circuit Judge:
The issue in this case is whether a decision of the Secretary of Labor to forego enforcement action under the Vietnam Era Veterans’ Readjustment Assistance Act of 1972 (VEVRA), as amended, 38 U.S.C. §§ 2011-2014, is subject to judicial review. Applying the principles announced in Heckler v. Chaney, 470 U.S. 821, 105 S.Ct. 1649, 84 L.Ed.2d 714 (1985), we conclude that such a decision is committed to agency discretion and immune from judicial review.
VEVRA provides that federal contracts shall contain language requiring contractors to take affirmative action to employ and…
2Cases cited6 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Heckler v. ChaneySupreme Court of the United States · 1985
- 21 Fair empl.prac.cas. 605, 21 Empl. Prac. Dec. P 30,443 Legal Aid Society of Alameda County Stephen E. Ronfeldt Linda Castillo Delores Luster John Stafford Isadore Payne Western Regional Job Council v. Peter J. Brennan, Secretary of the United States Department of Labor Philip Davis, Acting Director of the Office of Federal Contract Compliance Earl L. Butz, Secretary of the United States Department of Agriculture William Gladden, Chief, Contract Compliance Division, Office of Equal Opportunity, United States Department of Agriculture, Chamber of Commerce of the United States of America, on Behalf of Its Affected Members, Defendants-Intervenors-Appellants. Legal Aid Society of Alameda County v. Ncc Food Corporation, Defendant-Intervenor-Appellant. Legal Aid Society of Alameda County v. Del Monte Corporation, Defendants-Intervenors-Appellants. Legal Aid Society of Alameda County v. Cpc International, Defendant-Intervenor-Appellant. Legal Aid Society of Alameda County v. Carnation Company, H. J. Heinz Company, Sunshine Biscuits, Inc., Bell Brand Foods, Inc., Defendants-Intervenors-Appellants. Legal Aid Society of Alameda County v. Granny Goose Foods, Inc., Defendant-Intervenor-Appellant. Legal Aid Society of Alameda County v. Golden Grain MacAroni Co., and Its Division, Ghirardelli Chocolate, Inc., Defendants-Intervenors-AppellantsCourt of Appeals for the Ninth Circuit · 1979
- Ramstad v. HodelCourt of Appeals for the Ninth Circuit · 1985
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3Cited by11 opinions
- Nevada v. WatkinsCourt of Appeals for the Ninth Circuit · 1990
- State of Nevada, Richard H. Bryan, Governor of Nevada, Paul Laxalt, United States Senator, Chic Hecht, United States Senator, Barbara Vucanovich, United States Representative in Congress, Harry Reid, United States Representative in Congress v. James D. Watkins, Secretary of the United States Department of Energy, State of Nevada v. U.S. Department of Energy, James D. Watkins, Secretary of the United States Department of Energy, Arizona Public Service Company, Baltimore Gas & Electric Company, Carolina Power & Light Company, Consolidated Edison Company of New York, Inc., Detroit Edison Company, Duke Power Company, Duquesne Light Company, Florida Power & Light Company, Gulf States Utilities Company, Iowa Electric Light & Power Company, Madison Gas and Electric Company, New York Power Authority, Northeast Utilities, Northern States Power Company, Pennsylvania Power & Light Company, Public Service Electric & Gas Company, Union Electric Company, Virginia Power, Wisconsin Electric Power Company, Wisconsin Power and Light Company, and Wisconsin Public Service Corporation, IntervenorsCourt of Appeals for the Ninth Circuit · 1990
- Carroll v. Office of Federal Contract Compliance Programs, United States Department of LaborDistrict Court, District of Columbia · 2017
- Harris v. McLaughlinDistrict Court, N.D. Ohio · 1989
- United Services Automobile Ass'n v. FosterDistrict Court, M.D. Pennsylvania · 1992
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