Washington Law Review
A Jurisdictional Basis of Nonstatutory Judicial Review in Suits Against Federal Officers—Jurisdictional Amount, the Administrative Procedure Act and Mandamus
This comment examines the possible sources of subject matter jurisdiction for the federal district courts in nonstatutory judicial review suits. Specifically, the comment will explore the limits of the general federal question jurisdiction provision of 28 U.S.C. § 1331 (Section 1331) and then focus on the mounting confusion and conflict among the circuits as to the jurisdictional nature of the judicial review provisions of the APA. The proper scope of review under the 1962 mandamus statute, 28 U.S.C. § 1361 (Section 1361), will also be scrutinized. The comment concludes that despite the growing acceptance of the APA as an independent grant of jurisdiction, the APA should not be so construed. Rather, the proper course is for the federal courts to continue to develop a "rational law of mandamus" as a legitimate means of providing judicial review of federal agency action.
Mark W. Pennak,
A Jurisdictional Basis of Nonstatutory Judicial Review in Suits Against Federal Officers—Jurisdictional Amount, the Administrative Procedure Act and Mandamus,
51 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol51/iss1/5