United States ex rel. Accardi v. Shaughnessy

Source: Wikipedia, the free encyclopedia.

United States ex rel. Accardi v. Shaughnessy
L. Ed. 2d
681
Holding
Administrative agencies are obliged to follow their own regulations.
Court membership
Chief Justice
Earl Warren
Associate Justices
Harold H. Burton
Tom C. Clark · Sherman Minton
Case opinions
MajorityClark, joined by Warren, Black, Frankfurter, Douglas
DissentJackson, joined by Reed, Burton, Minton

United States ex rel. Accardi v. Shaughnessy, 347 U.S. 260 (1954),

obliged to follow their own regulations, policies and procedures.[2] Under the Accardi doctrine, named after this case, federal agencies which do not follow their own regulations or procedures run the risk of having their actions invalidated if challenged in court.[3]

The Accardi doctrine was later strengthened in Service v. Dulles 354 US 363 (1957) [4] and Vitarelli v. Seaton, 359 US 535 (1959) [5]

Due to a ruling in United States v. Fausto,[6] the doctrine generally does not apply to Federal employment decisions that are covered by the Civil Service Reform Act of 1978.

References

  1. ^ United States ex rel. Accardi v. Shaughnessy, 347 U.S. 260 (1954).
  2. ^ "Accardi Doctrine Law & Legal Definition". Definitions.uslegal.com. Retrieved November 20, 2016.
  3. 1st Cir.
    2008).
  4. ^ "Service v. Dulles ruling". Google Case law. Retrieved December 11, 2020.
  5. ^ "Vitarelli v. Seaton ruling". Google Case law. Retrieved December 11, 2020.
  6. ^ "U.S. v. Fausto ruling". Google Case law. Retrieved December 11, 2020.

External links