'Public Charge' Case Discovery Denied For Wrong Reasons

Litigation attorney Steven Gordon uses a public charge case that was denied for the wrong reasons as an example of what to cover when filing an Administrative Procedure Act (APA) claim. He explains that the U.S. Supreme Court has instructed that courts are to decide, on the basis of the record the agency provides, whether the action passes muster under the appropriate APA standard of review. If the reviewing court cannot evaluate the challenged agency action on the basis of the record before it, the matter is usually remanded to the agency for additional investigation or explanation.

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