Mullin v. Doe · ¶67

Taking a different tack, respondents argue that only the Secretary’s ultimate “determination”—not any subsidiary decision, such as whether to consult other agencies—is unreviewable. The dissent makes a similar argument. Post, at 4–6 (opinion of KAGAN, J.). For reasons already explained, this argument is inconsistent with the plain meaning of the statutory text. And that is true whether the term “determination” is understood to mean a discrete decision or a process leading up to a final decision.

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