No review if statute precludes review(APA 701(a)(1))
-more likely to enforce preclusion if alternative (e.g., admin remedy – See Weinberger v. Salfi)
-may not enforce preclusion in interest of fairness (e.g., Adamo Wrecking Co. v. United States (1978))
-Can challenge constitutionality of statute (See Johnson v. Robinson (1974): Interpretation of educational assistance statute as not covering conscientious objectors review because challenging constitutionality of statute not individual case. Statute says no review)
-would not have standing if not denied individual benefit
-Also implicit preclusion – should not review on separation of powers grounds
-? – how likely is this to interfere with agency’s abilities to do actions
-functional considerations (See Block (1984) – no actions by consumers since Congress explicitly authorized actions by dairy producers)
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