The Thunder Basin Factors

David Gergen: The Thunder Basin decision is incoherent. He says it's about when you're supposed to feel that Congress has implicitly deprived federal district courts of jurisdiction based on an administrative agency's process. It was a unanimous opinion in the result, eight judges agreeing with Justice Kagan’s majority opinion; but I thought I would read some from  Supreme Court concurring in the judgment.Gergen: There are many problems with the Thunder Basin project. Just because an agency can hear a case does not mean a district court cannot. To decide whether a particular case belongs in an agency rather than a court, you must consult three further considerations,. That's where the magic happens