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· 8/17/2023

Kendall Batchelor v. the State of Texas

How courts have described this case

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

  • holding that if the agency wishes to reconsider its decision, “it must proceed in the manner authorized by statute”
  • finding that an agency \is entirely a creature of Congress\ and \the determinative question\ is not what \[it] thinks it should do but what Congress has said it can do.\
  • finding that an 11 agency “is entirely a creature of Congress” and “the determinative 12 question” is not what “[it] thinks it should do but what Congress 13 has said it can do.”
  • rejecting agency’s assertion of “the power to do indirectly what it cannot do directly”
  • “[T]he determinative question is not what the Board thinks it can do but what Congress has said it can do.”
  • administrative order is not final for purposes of judicial review until agency has disposed of outstanding petitions for reconsideration

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.