Administrative Injuries

This Article seizes upon the precarious position of administrative agencies. As White House aides call for the deconstruction of the administrative state and judicial nominees flaunt their anti-Chevron credentials before the Senate Judiciary Committee, the thought of an impending test of New Deal reforms is no longer a matter of if, but when. This Article offers a new, more robust framework for courts to consider as litigants take aim at agencies\u27 adjudicative role. Specifically, it addresses the longstanding, yet incredibly porous doctrine of public rights and suggests that a modest analytical supplement-administrative injurieswould go a long way toward preserving this critical agency function while simultaneously harmonizing public rights with well-established Article III doctrines of justiciability. This Article seeks to make a useful, immediate contribution to academic and policy discussions, as well as the litigation strategies of those tasked with defending the adjudicative role of administrative agencies