Re:FCC must reveal IP addresses and user-agent headers of ne...
by JumpCrisscross on Monday May 04, 2020 @05:09PM
(#23073291)
> the Administrative Procedures Act (APA). While it sounds very dull
If you read SCOTUS opinions, it feels like every other case with the U.S. government involves the APA. It's a powerful piece of legislation preventing agencies from abusing their rule-making power.
Long story short, that is why comments on a website genuinely matter to the regulatory process.
EDIT: as a side note, the current administration has been sued a lot over APA violations. Most of the lawsuits brought by states against the federal government you hear about in the news hinge on the APA. An example off the top of my head is the repeal of DACA. Now, DACA was an executive order and could have been un-done by an executive order (executive orders are mostly not subject to the APA). But Trump did not make an executive order repealing DACA: instead the Attorney General removed the rule himself, which means his decision was subject to APA review. As a part of this he had to publish a document explaining why he was going to repeal it. In it he said the reason he was repealing DACA was because he believed it was unconstitutional. A number of states have sued over this change, and one of the legal arguments used is an APA violation, because there is no evidence that DACA is unconstitutional. Which gets to what I find interesting about the APA; it forces the person making the change to specifically spell out their reasoning and rationalization for making that change. If their reasoning is faulty you can sue, and the federal government can't defend it by throwing about alternative rationales for the decision.