Andrew v. Bowen

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding government was not substantially justified in issuing regulation without complying with statutory notice requirements even though government presented reasonable litigation defense that movants had not exhausted administrative remedies
• focusing inquiry on whether government was substantially justified in failing to comply with procedural requirements of notice, comment and publication in issuing social security regulation, not on the reasonableness of the substance of the regulation
• “We agree with the Secretary that arbitrary and capricious conduct is not per se unreasonable.”

Source: CourtListener parenthetical corpus (CC0).