Judge-Made Law at its Worst

Elementary administrative law states that (1) the denial of a petition is a final agency action and (2) final agency actions are judicially reviewable.

The Congressional Research Service declares:  “706(2) of the APA states that courts can review and set aside final agency actions that are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law”. Also see A CLOSER AND MORE CURRENT LOOK AT THE “INFORMATION QUALITY ACT,” ITS LEGISLATIVE HISTORY, CASE LAW, AND JUDICIAL REVIEW ISSUES.

Notwithstanding the above a number of judges have opined that the denial of ALL petitions issued pursuant to the Information Quality Act are not judicially reviewable. The underlying reason, not  written but muttered, is that the Congress could not have meant the Act to provide entry to the courts by such a large number of  potential plaintiffs.

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  1. safetoto

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