1. An agency action is "final" when an agency completes its decisionmaking process and the result of that process is one that will directly affect the parties; 2. The President's actions are not reviewable under the APA.
O'Connor, joined by Rehnquist, White, Scalia, Thomas (Parts I and II); Rehnquist, White, Blackmun, Stevens, Kennedy, Souter, Thomas (Part IV); Rehnquist, White, Thomas (Part III, not for a majority)
Concurrence
Stevens (concurrence in part and in judgment), joined by Blackmun, Kennedy
Concurrence
Scalia (concurrence in part and in judgment), joined by Thomas
Even beyond the Census, this includes many important delegations to the president by Congress, especially powers relating to war, national emergencies, immigration, trade, and federal lands.[4]
Section 704 allows judicial review of "final agency action," but the Court held that the President does not count as an agency as defined in sections 551(1) and 701(b)(1), which do not explicitly mention the President.
In a majority opinion by Justice Sandra Day O'Connor, the Supreme Court unanimously rejected the constitutional challenge.[6] As to the Administrative Procedure Act, however, the majority was more narrow. Four other justices joined O'Connor in holding the final agency action at issue was an action of the president, not the secretary of commerce, and that the APA does not authorize judicial review of final actions delegated by Congress to the president.[6]
