ABSTRACT
Chapter 8 focuses on judicial review of agency actions. First, an overview of the concept of judicial review is presented, along with the changing role of the courts since the early 1800s when judicial review was established in Marbury v. Madison. It is noted that judicial self-restraint has been replaced by much more judicial activism, whether by predominantly Republican or Democratic appointed federal judges. Special attention is given to the principles, doctrines, and judicial tests that determine not only when a case is ripe for review, but the court’s scope of review. Court orders and problems with compliance are also covered. A 2018 case, Pereira v. Sessions, is presented at the end of the chapter that eludes to the future of the most controversial doctrine in administrative law, the Chevron doctrine, which obligates the federal courts to defer very broadly to agency discretion and expertise as long as administrators give a reasonable interpretation to statutory provisions and the statute does not specifically prohibit the agency action.
