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litigators to pick at particular agency judgments as arbitrary and capricious under the APA. The benefits such a mandate might achieve can already be achieved
admissions process is a zero-sum game—a “plus” given to one applicant is a “negative” for another, and vice versa. As such, the Court argued that if a
on a permanent basis. This Essay challenges that assumption by arguing that as a matter of constitutional text, structure, and history, it is not at
462 U.S. 919 (1983). 88. See supra notes 83-84 and accompanying text; see also AKHIL REED AMAR, AMERICA’S CONSTITUTION: A BIOGRAPHY 191 (2005
it was a work-in-progress, the author thanks participants in Aiming for Answers: Balancing Rights, Safety, and Justice in a Post-Bruen America, a
holding a traditionally male job, and possessing skills and authority that women allegedly lack are all central to mainstream masculini- ty.107 Thus, it
Chapter 7 filers had an attorney, and another 6% had the assistance of a petition preparer, while the rest were categorized as pro se); Ed Flynn, The
to vest administrative agencies with litigation “gatekeeper” authority across a range of regulatory areas, from environmental protection and civil