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The Administrative Procedure Act of 1946 is the law. Period. It is a core foundation for the modern regulatory framework in the United States, including how fas

The Administrative Procedure Act of 1946 is the law. Period. It is a core foundation for the modern regulatory framework in the United States, including how fast regulations can be changed and the procedures that need to be followed, regardless of the agency's Congressional mandate. The reason judges are using the law to overturn executive actions so much more than before is because no previous administration has been so arbitrary and capricious in their actions.

turc1656 9y ago
If you are referring to DACA - it's not arbitrary and capricious considering this was a hot button election issue and a large number of Americans support this change. If you are referring to net neutrality, Ajit Pai gave months of notice that this was being discussed (so it was not on a whim) and provided a lengthy explanation as to the reasons the decision was made. You might disagree with the reasons, and that's totally fine and understandable. But to call it arbitrary and capricious is kind of ridiculous. It's most likely simply a political standpoint you don't support and thus want to have the courts interject in the hopes they agree with you and find the reasoning flawed. This is legislating from the bench, because it effectively allows them to declare a line of political reasoning insufficient. It is a particularly insidious practice that effectively allows federal judges to step in and override something they disagree with and it's something they've gotten into a really nasty habit of doing far too often. I will taper my argument with one point - if the recent investigation into Pai that was just announced yields any hard evidence of corruption or anything like that then I would support overturning this ruling on the grounds that his vote was influenced by outside forces. He should then be removed (and possibly go to jail depending on what the evidence shows) and the FCC could vote on this issue again with a new 5th member and we would see if they vote in the same way or not.
- dragonwriter 9y ago
  > If you are referring to DACA - it's not arbitrary and capricious considering this was a hot button election issue and a large number of Americans support this change. The legal standard of "arbitrary and capricious" has to do with adherence to the substantive and procedural requirements of the Administrative Procedure Act, not to the degree of popular support.

turc1656 9y ago

If you are referring to DACA - it's not arbitrary and capricious considering this was a hot button election issue and a large number of Americans support this change. If you are referring to net neutrality, Ajit Pai gave months of notice that this was being discussed (so it was not on a whim) and provided a lengthy explanation as to the reasons the decision was made. You might disagree with the reasons, and that's totally fine and understandable. But to call it arbitrary and capricious is kind of ridiculous. It's most likely simply a political standpoint you don't support and thus want to have the courts interject in the hopes they agree with you and find the reasoning flawed. This is legislating from the bench, because it effectively allows them to declare a line of political reasoning insufficient. It is a particularly insidious practice that effectively allows federal judges to step in and override something they disagree with and it's something they've gotten into a really nasty habit of doing far too often. I will taper my argument with one point - if the recent investigation into Pai that was just announced yields any hard evidence of corruption or anything like that then I would support overturning this ruling on the grounds that his vote was influenced by outside forces. He should then be removed (and possibly go to jail depending on what the evidence shows) and the FCC could vote on this issue again with a new 5th member and we would see if they vote in the same way or not.

dragonwriter 9y ago
> If you are referring to DACA - it's not arbitrary and capricious considering this was a hot button election issue and a large number of Americans support this change. The legal standard of "arbitrary and capricious" has to do with adherence to the substantive and procedural requirements of the Administrative Procedure Act, not to the degree of popular support.