Administrative Law – Timeline of Key Acts

Administrative law defines how federal agencies create regulations, enforce them, and how courts review agency actions. These laws remain the backbone of U.S. governance and the “administrative state.”

Administrative Procedure Act (APA, 1946)

• Established uniform procedures for agency rulemaking, adjudication, and judicial review.
• Codified due process protections in administrative law.
• Required notice-and-comment rulemaking and set standards for judicial review.

Freedom of Information Act (FOIA, 1966)

• Created the public’s right to access federal agency records.
• Requires agencies to proactively disclose certain information.
• Central tool for transparency and accountability in government.

Why It Matters Today

These laws:

Administrative Procedure Act (1946)

1) Link to the Text of the Act
Read the statute (5 U.S.C. §§ 551–559, 701–706)

2) Why It Was Done
Passed in the aftermath of the New Deal, the APA established a uniform process for federal agency rulemaking, adjudication, and judicial review, ensuring agencies operate with transparency and accountability.

3) Pre-existing Law or Constitutional Rights
Before the APA, agencies exercised broad, often unchecked authority. The Act codified due process principles for administrative action, grounded in the Fifth Amendment, and created standards for court review of agency decisions.

West Virginia v. EPA (2022)

1) Link to the Actual Opinion
Read the Supreme Court opinion (PDF)

2) Summary of the Opinion
Several states challenged the EPA’s Clean Power Plan, which sought to shift electricity generation from coal to cleaner sources. The Supreme Court held 6–3 that the EPA lacked authority to implement such sweeping changes under the Clean Air Act without clear congressional authorization. The Court invoked the major questions doctrine, which requires explicit congressional approval for agencies to decide issues of vast economic and political significance.

Biden v. Nebraska (2023)

1) Link to the Actual Opinion
Read the Supreme Court opinion (PDF)

2) Summary of the Opinion
The Biden administration announced a plan to forgive up to $20,000 in federal student loan debt per borrower, citing authority under the HEROES Act of 2003. Six states challenged the program. The Supreme Court, in a 6–3 decision, struck it down, holding that the administration lacked clear congressional authorization for such a sweeping policy under the major questions doctrine.

FDA v. Alliance for Hippocratic Medicine (2024)

1) Link to the Actual Opinion
Read the Supreme Court opinion (PDF)

2) Summary of the Opinion
Anti-abortion medical groups challenged the FDA’s approval and regulation of mifepristone, a medication used in medication abortions. The Supreme Court unanimously ruled that the challengers lacked standing, meaning they had no legal right to sue because they were not directly injured by the FDA’s actions.

3) Why It Mattered
The decision preserved access to mifepristone by dismissing the challenge on procedural grounds. It sidestepped broader questions about the FDA’s authority but underscored limits on who can bring cases in federal court.