High Court Breaks New Ground On Reviewing Agency Actions

Attorney Steven Gordon reviews the U.S. Supreme Court's recent ruling as a way to analyze the steps needed to be done in administrative law when debates between the shifting majority and minority are on assessing "arbitrary and capricious" action and reviewing for pretext. Mr. Gordon found that the court's ruling on the scope of arbitrary and capricious review will have limited impact on future cases because it is tied to a specific evidence assessed in this case. However, the court's review of pretext challenges under the Administrative Procedure Act (APA) will have a lasting impact as it breaks new ground for the court as there are only a handful of lower court decisions that have addressed a similar issue.

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