Chadha v. Immigration and Naturalization Service White House Statement on Justice Department Appeal of the Decision to the Supreme Court.

The Department of Justice will appeal to the United States Supreme Court the recent decision of the United States Court of Appeals for the Ninth Circuit in San Francisco holding unconstitutional a legislative veto device contained in the Immigration and Nationality Act.

In the case of Chadha v. INS, decided on December 22, 1980, the Circuit Court held unconstitutional a provision authorizing one House of Congress to veto decisions by the Attorney General to stay the deportation of certain aliens. The court held that provision unconstitutional on broad separation of powers grounds and also held that the exercise of such power by one House could not be deemed as legislative in character without encroaching impermissibly on the President's veto power.

The Department of Justice argued against the constitutionality of this legislative veto device in the Ninth Circuit. The Senate and House, through their counsel, argued in support of its constitutionality. The primary reason for appealing the decision to the Supreme Court is to secure a definitive ruling from that Court on an issue which, over the last decade, has created many occasions for confrontation between the executive and legislative branches. The appeal was not filed at the request of either the House or the Senate.

In a statement on December 24, 1980, the President stated that the Ninth Circuit Court ruling sustained the position that he and other Presidents had 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 action.