Trump v. Cook · ¶160
The Court does not explain how Cook has overcome these limits to enforce the Federal Reserve Act against the Executive Branch here. All agree that Cook cannot proceed under the Administrative Procedure Act, the ordinary right of action for lawsuits against the Executive Branch, because she does not challenge any final agency action. See 5 U. S. C. §704. The Court does not accept Cook’s argument that she has a nonstatutory ultra vires claim—likely because such an argument would implicate threshold requirements that Cook cannot satisfy and merits standards that she cannot meet. See NRC, 605 U. S., at 681 (“‘Hail Mary pass’”). The Court does not suggest that Cook satisfies the extraordinary standards for mandamus relief. See United States v. Duell, 172 U. S. 576, 582 (1899) (“clear and indisputable”). Instead, the Court proceeds to the merits without identifying a right of action to…Read in context ›
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