Transcript
November 14, 2011. Section 706 of the Administrative Procedure Act allows courts to overturn decisions by government agencies that are arbitrary or capricious. Courts try to avoid looking at the substance of a regulation and instead review the process by which a decision was made. See Motor Vehicle Mfr. Ass'n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29 (1983). Commentators refer to this as a "hard look" review -- that is, did the agencies take a "hard look" at the underlying facts and policy? If not, a court may (with some exceptions) set aside the agency's decision as arbitrary and capricious.
I'm experimenting with coloring in the speech bubbles (rectangles?). Let me know if it affects readability for you.
Fwoosh
Brown Rabbit points to a chart.
Brown Rabbit: As this unlabeled chart shows,
the nutritional value of carrots
will drastically decline once
the proposed rule takes effect.
End of panel.
Commissioner McDickerson: Thank you Mr. Rabbit. As
everyone knows, nutritious
is the opposite of delicious.
Commissioner McDickerson: Therefore, I assume you support
our delicious proposed rule.
Superbunny: Not so fast Administrator!
End of panel.
Commissioner McDickerson: I'm a Commissioner.
Superbunny: Whatever.
Superbunny: The law demands we take a
hard look at the data before
we finalize our rule.
End of panel.
Superbunny gives Brown Rabbit and his chart a hard look, complete with red laser eye.
End of panel.
FWOOSH.
End of panel.
The chart has a burning hole, and Brown Rabbit runs around aflame.
Commissioner McDickerson: That seemed excessive.
Superbunny: Fear my look!
Fear it hard!
End of comic.
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