# Franklin v. Massachusetts **505 U.S. 788 (1992).** The Supreme Court held that the President is not an agency under the [[Administrative Procedure Act]], so the presidential statement transmitting apportionment counts to Congress is not final agency action subject to APA review. The underlying dispute concerned how overseas military personnel were allocated back to home states after the 1990 census, a decision that moved a seat from Massachusetts to Washington. The structural consequence outlasts the facts. Judicial review of an apportionment attaches to the Secretary of Commerce's statutory report, not to what the President does with it, so the review window in the apportionment pipeline is effectively one step wide. See [[How the Census Apportions Congress]].