United States v. Mead Corp.:Will Administrative Transparency Survive the Increasing Demand for National Security?

Abstract

This Case Note is intended to analyze the Supreme Court's decision in United States v. Mead Corp. and its potential future impact on the judicial review of agencies' decisions. Part II examines the historical background of the case law regarding the judicial review of agencies' decisions.' 9 Part III analyzes Justice Souter's opinion of the Court and Justice Scalia's dissenting opinion. Part IV considers the direct impact of the Mead Corp. decision on the power of review of the courts, the indirect impact on the agencies' activities, the shift of the burden of proof that is provided, the importance of the "escape clause" created by the Court's decision, and, finally, the impact on the relationship between the Charming Betsy canon and the Chevron doctrine. Part V concludes this Case Note with final considerations on the relevance of the Court's decision in Mead Corp.