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Chadha v. Immigration and Naturalization Service Statement on the Ninth Circuit Court of Appeals Decision.

December 24, 1980

I am very pleased to learn of a very important decision Monday by the Ninth Circuit Court of Appeals in San Francisco. The court ruled that a legislative veto of an executive branch action is an unconstitutional intrusion on the separation of powers. This ruling sustains the position that I and many of my predecessors have taken in signing into law otherwise meritorious bills containing a legislative veto provision under which a resolution of one or both Houses can nullify an executive branch action.

The Senate and House submitted briefs in this case supporting the constitutionality of the legislative veto, and the Department of Justice successfully argued against its constitutionality. The Attorney General informs me this is truly a . landmark decision.

I have asked the Attorney General to examine the possibility of seeking Supreme Court review of the decision as soon as possible, so that this important issue—debated for more than 40 years-can be finally resolved. I trust that the Congress will agree that a decision by the Supreme Court on this important issue is in the best interest of the Government as a whole.

Note: The statement was released at Plains, Ga..

Jimmy Carter, Chadha v. Immigration and Naturalization Service Statement on the Ninth Circuit Court of Appeals Decision. Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/250781

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