Section 65 Subject Matter Jurisdiction of Federal Courts to Review Administrative Action in General

• Library: Administrative Law 2011

In contrast to the constitutional right to judicial review of state administrative action established by Article V, § 18, of the Missouri Constitution, there is no equivalent constitutional right to judicial review of federal agency action. Estep v. United States, 327 U.S. 114 (1946); Ralpho v. Bell, 569 F.2d 607 (D.C. Cir. 1977). As courts of limited subject-matter jurisdiction, federal courts have a special obligation to determine whether they have jurisdiction to review administrative action even if the parties are prepared to concede it. Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 541 (1986).

Two elements are required to create jurisdiction in an Article III federal court, other than the Supreme Court, to review administrative action:

1. The reviewing court must have the constitutional capacity to take the case.

2. An act of Congress must supply the statutory authority to review the case.

Mayor v. Cooper, 73 U.S. (6 Wall.) 247, 252 (1867). Absent statutory authorization, the “inferior courts” neither exist nor have jurisdiction to...