Email: Learning Journey: Due Process Judicial Review Day 1

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  Today, we look at when procedural due process applies in cases of judicial review.

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Welcome to the first of four installments of Ballotpedia’s Learning Journey on procedural due process rights in judicial review of appealed agency actions!  Procedural due process rights in the context of the administrative state refer to the protections for citizens against arbitrary actions by administrative agencies that threaten to deprive them of life, liberty, or property.  Individuals adversely affected by agency adjudication decisions and who have exhausted all appeal options within the agency may seek to appeal those decisions to Article III courts. Since agency adjudication occurs in the executive branch, the Article III courts of the judicial branch can exercise judicial review to interpret the law and overturn any appealed agency actions that are inconsistent with the law. Though the Administrative Procedure Act (APA) provides for the appeal of federal agency actions in certain cases (and state-level APA’s similarly provide the framework for appeals of state agency decisions), debates persist about what is constitutionally required to satisfy procedural due process in the judicial review of appealed agency actions, as well as whether available procedural due process protections are sufficient. This Learning Journey guides you through the nuts and bolts of access to due process during the appeals process as well as the main arguments in the debate over the scope of judicial review of agency actions. Let’s get started! Legal Challenges to Agency Actions Individuals adversely affected by agency adjudication decisions may seek to appeal those decisions to Article III courts. The courts can exercise judicial review to interpret the law and overturn any appealed agency actions that are unlawful. The APA allows individuals adversely affected by agency decisions to appeal those decisions for judicial review as long as the challenged action is a final agency action with no other adequate remedy. A final agency action, according to the U.S. Supreme Court in Bennett v. Spear (1997), must have exhausted all internal agency appeals and must either determine rights or obligations or result in legal consequences. The APA excludes judicial review when other statutes preclude judicial review or when the agency action "is committed to agency discretion by law." Outside groups not directly affected by agency decisions who nonetheless have an interest in agency decisionmaking, may also seek to challenge agency decisions via judicial review by Article III courts. In order for an Article III court to review an appealed agency decision or other legal challenge, the plaintiff in the case must first demonstrate standing—a legal injury as the result of action by the agency— to bring their case before the court.  Read On: Adjudication Administrative Procedure Act Judicial Review Standing   Debating the scope of access to judicial review of appealed agency actions Adjudication may take place through formal or informal proceedings. Formal adjudication, which is governed by the Administrative Procedure Act (APA), functions in a manner similar to federal civil court proceedings. Informal adjudication, on the other hand, comprises roughly 90 percent of agency adjudications and consists of agency decision-making processes that are not clearly defined by the APA. Informal adjudication may follow different formats depending on the specific statute that calls for the proceedings and a hearing may or may not be required.   What's Next? The next stage of our Learning Journey will review the debate surrounding procedural due process rights in administrative adjudication. Stay tuned! Review Check out the following Ballotpedia pages to dive deeper into today’s key concepts: Judicial review Adjudication Procedural due process rights (administrative state) Administrative Procedure Act Standing

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