4 ms·
The Administrative Procedure Act (APA) of 1946 contains the rule that prevents the U.S. executive branch from acting in an arbitrary and capricious manner. Defi
by _DeadFred_ 2y ago
The Administrative Procedure Act (APA) of 1946 contains the rule that prevents the U.S. executive branch from acting in an arbitrary and capricious manner. Definitely not legit.
- jfengel 2y agoI would not take definitions of "arbitrary" or "capricious" for granted. Legal words never mean what most people think they mean, especially once the Supreme Court gets their hands on it.
- _DeadFred_ 2y agoThis term is well defined in settled case law over the last 80 years. Thee Supreme Court already ruled Trump can not do these sort of arbitrary and capricious executive orders his last term. https://en.wikipedia.org/wiki/Department_of_Homeland_Security_v._Regents_of_the_University_of_California https://en.wikipedia.org/wiki/Department_of_Homeland_Securit...
- jfengel 2y agoI'm not sure he really cares if these actions get overturned. At least some of them will be sustained, even if only because somebody's lawyers faffs oral arguments. And I suspect that he'll just ignore the court in some cases. How many legions hath the Supreme Court?
- eadler 2y agoThe Civil Service Reform Act (CSRA) precludes APA review amongst other relief (since it precludes district court jurisdiction entirely). That being said, this "termination" is likely invalid under the CSRA. Please see Elgin v. Dept. of Treasury 567 U.S. 1 (2012) for details. https://www.oyez.org/cases/2011/11-45 https://www.oyez.org/cases/2011/11-45 https://tile.loc.gov/storage-services/service/ll/usrep/usrep567/usrep567001/usrep567001.pdf https://tile.loc.gov/storage-services/service/ll/usrep/usrep...