Administrative Procedure and the Common Good | Nicholas Bagley & Richard Hanania
CSPI Podcast
APA - What's the Worst Thing You Courts Are Doing?
Under the APA, you can challenge an agency action if it's arbitrary or capricious. Over time, courts have transformed that language into a roving license to strike down any agency action they deem to be unreasonable. I think that kind of hard look review is extraordinarily pernicious because it gives a bunch of generalist judges who don't know a thing about the regulatory domain a ton of latitude to interfere. In my world, if a minister of law, that suggestion would be taken as an affable, like how could you possibly even contemplate it? And I think we'd be much better off if we did.
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