· 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).
Sourced from CourtListener / Free Law Project (CC0).
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