Working Group on Statutory Drafting

ACUS Recommendation 2021-5, Clarifying Statutory Access to Judicial Review of Agency Action, identified various ways in which statutes governing judicial review of federal agency rules and adjudicative orders create unnecessary obstacles to or overly complicate the process of judicial review. It recommended that Congress enact a new general judicial review statute that includes provisions to eliminate those obstacles and complications, with the goals of promoting efficiency and fairness and reducing unnecessary litigation. It also recommended that ACUS’s Office of the Chairman prepare and submit to Congress a proposed general judicial review statute for consideration that would provide for the statutory changes identified in the Recommendation. The Office of the Chairman has convened this Working Group to prepare the proposed statute, which the Office of the Chairman will submit to the appropriate committees in Congress.

Working Group Members

• Tobias A. Dorsey, Managing Counsel for Legal Policy at the Executive Office of the President, Office of Administration

• John F. Duffy, Samuel H. McCoy II Professor of Law and Paul G. Mahoney Research Professor of Law at University of Virginia School of Law

• Kristin E. Hickman, McKnight Presidential Professor in Law and Associate Director of the Corporate Institute at University of Minnesota Law School

• Ronald M. Levin, William R. Orthwein Distinguished Professor of Law at Washington University in St. Louis School of Law

• Nina Mendelson, Joseph L. Sax Collegiate Professor of Law at University of Michigan Law School

• Victoria Nourse, Ralph V. Whitworth Professor in Law at Georgetown University Law Center

• Jonathan R. Siegel, F. Elwood & Eleanor Davis Research Professor of Law at The George Washington University Law School

• Allison M. Zieve, Director at Public Citizen Litigation Group