CSPAN3 Politics Public Policy Today October 9, 2014
Because there were not looking for evidence of a legislative intent to create a right to judicial review. Your position is thats already there under the apa. Unless there is evidence of a judicial intent, of a congressional intention to preclude judicial review . Thats exactly right. Thats the presumption created by the apa. The way that your honor articulated it is the way the Supreme Court has articulated it time and again. Thats the governments burden to show by clear and convincing evidence that congress intended to preclude our claims, not our burden to demonstrate that congress intended ...