[20200917]LSB10536_对依法由机构自行决定的行为进行司法审查.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Judicial Review of Actions Legally Committed to an Agencys Discretion September 17, 2020 Individuals and entities affected by a federal agencys action sometimes may be able to challenge that action in federal court. In some cases, an agencys governing statute specifically authorizes affected parties to bring suit challenging a particular agency action. But even when specific statutory authority is unavailable, a person generally can challenge an agencys action in federal district court under the Administrative Procedure Act (APA). On review, the APA empowers courts to set aside agency action that is, among other things, “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” The Supreme Court has explained that the APA “embodies the basic presumption of judicial review” of agency action, meaning that judicial review under the APA generally will be available to a party. But not every legal challenge of an agencys action is reviewable. Constitutional and prudential considerations may limit when a court will entertain such a suit. Jurisdictional requirement