Under the Administrative Procedure Act, you, a citizen, can’t challenge an illegal agency action until it’s a final agency action.
This came up in the recent supreme court case about the post office ballot crap. It went up first based just on the Trump executive order, and the Supremes said it’s too soon. A Trump order is not a final agency action. So then they had to wait for the post office to publish the “final rules”, and then it went back up again, and then Supremes said, “okay, this time it is final, and also plainly illegal. lol.”
So the game they’re playing now in this arch case, is they’re going to claim that there is no final agency action right up until the final plans are published, about half an hour before the construction crews move in, and right around 5:00 pm on a holiday weekend.
The arch case judge is really not buying into that plan.
What’s the rush indeed.
Under the Administrative Procedure Act, you, a citizen, can’t challenge an illegal agency action until it’s a final agency action.
This came up in the recent supreme court case about the post office ballot crap. It went up first based just on the Trump executive order, and the Supremes said it’s too soon. A Trump order is not a final agency action. So then they had to wait for the post office to publish the “final rules”, and then it went back up again, and then Supremes said, “okay, this time it is final, and also plainly illegal. lol.”
So the game they’re playing now in this arch case, is they’re going to claim that there is no final agency action right up until the final plans are published, about half an hour before the construction crews move in, and right around 5:00 pm on a holiday weekend.
The arch case judge is really not buying into that plan.