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Saturday, December 09, 2017 3:46:21 PM
“Judicial review cannot function if the agency is permitted to decide unilaterally what documents it submits to the reviewing court as the administrative record,” Breyer added in the dissent. “Effective review depends upon the administrative record containing all relevant materials presented to the agency, including not only materials supportive of the government’s decision but also materials contrary to the government’s decision.”
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