Legal Opinion
National Treasury Employees Union v. Horner
Court of Appeals for the D.C. Circuit
Decided August 19, 1988No. Nos. 87-5102, 87-5191PublishedCited by 45 opinions
1Opinion of the Court
D.H. GINSBURG, Circuit Judge:
The district court held that the Office of Personnel Management (OPM) acted arbitrarily and capriciously when, by rulemaking, it excepted a number of government jobs from the competitive civil service. The court ordered the agency to develop competitive examinations for those positions, and to return them to the competitive service, within six months. OPM appeals, claiming that its decision to except the positions was committed to its discretion by law, and is therefore not subject to judicial review. Alternatively, it argues that even if its decision in this case…
2Cases cited19 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- United States v. TestanSupreme Court of the United States · 1976
- Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
- Heckler v. ChaneySupreme Court of the United States · 1985
14 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Arent v. ShalalaCourt of Appeals for the D.C. Circuit · 1995
- C & W Fish Company, Inc. v. William W. Fox, Jr., Assistant Administrator for Fisheries, National Oceanic and Atmospheric AdministrationCourt of Appeals for the D.C. Circuit · 1991
- Transactive Corporation v. United States of America and Robert E. Rubin, Secretary of TreasuryCourt of Appeals for the D.C. Circuit · 1996
- Paul Davis Iii,appellants v. John Latschar, Superintendent, Gettysburg National Military Park,appelleesCourt of Appeals for the D.C. Circuit · 2000
- Universal Health Services of McAllen, Inc. v. SullivanDistrict Court, District of Columbia · 1991
40 more not listed; retrieve them via the Exa API.