So Many Cases Die at the Door: Wh...
So Many Cases Die at the Door: What Judicial Review Actually Is

Administrative Remedies por Gwendolyn Savitz and Marc Roark

Notas del episodio

Loper Bright Enterprises sued the Secretary of Commerce, and the case had no trial, no depositions, and no discovery. It was decided on cross-motions for summary judgment, on a record the agency finished building before anyone filed a complaint. That's not an anomaly — that's what challenging agency action looks like. And the herring fishermen were lucky in a way most challengers aren't: they got a court to answer the question they came to ask.

Season Three opens by taking apart the picture everyone carries around — agency acts, you object, a judge takes a look and fixes it or doesn't. Error correction. Gwen and Marc walk through why that description is true often enough to be believable and wrong often enough to matter. Underneath it sits a set of doctrines that decide whether the error is ever reached at all: standing, finality, ripeness, ... 

Leer más
Palabras clave
judicial review timingstandingadministrative law judicial review