Whether is was any reason explained to pass the order by authority

https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf

The matter was reminded back with an opportunity to the State to provide reasons for the administrative decision taken to rescind the policy 
The authority has choice to explained the reasons or pass the fresh order on the fresh cause of action with explained reasons.
There cannot be post hoc justification of the action. The post hoc justification doctrine merely requires that courts assess agency action based on the official explanations of the agency decision makers, and not based on after-the-fact explanations advanced by agency lawyers during litigation.

As the D. C. Circuit has explained, the post hoc justification doctrine “is not a time barrier which freezes an agency’s exercise of its judgment after an initial decision has been made and bars it from further articulation of its reasoning. It is a rule directed at reviewing courts which forbids judges to uphold agency action on the basis of rationales offered by anyone other than the proper decision makers.

Indeed, the ordinary judicial remedy for an agency’s insufficient explanation is to remand for further explanation by the relevant agency personnel.
To be sure, cases such as Overton Park and Camp v. Pitts suggest that courts reviewing certain agency adjudications may in some circumstances decline to examine an after-the fact agency explanation.
Judicial review of an adjudication therefore ordinarily focuses on what happened during the agency’s adjudication process of deciding that individual case.  

Comments

Popular posts from this blog

Registered Document is presumed to be valid unless otherwise proved

Articles