APA Lessons From CNN Press Pass Case

Partner Steven Gordon wrote an article for Law360 on the Administrative Procedure Act (APA) claim that was allegedly violated in the CNN case that involved their White House Correspondent, Jim Acosta. CNN and Acosta officially dropped their suit on Nov. 19, 2018, after White House officials announced they would restore Acosta's press pass, but the APA claims rose several issues into the extent that APA can be applied against the White House. APA authorizes federal courts to hold unlawful and set aside agency action that is arbitrary, an abuse of discretion or not in accordance with the law. However, the U.S. Supreme Court has held that the president is not included as an agency within the meaning of the APA. The White House Press Office was also found to not be an agency due to its lack of regulatory authority which led many to believe that the APA claim would be dismissed if CNN and Acosta had not dropped the suit.

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