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Stephen Miller and Julie Dostal of Cozen O'Connor. Stephen Miller and Julie Dostal of Cozen O’Connor.

Courts often decide administrative law questions by answering the “two Rs:” reviewability and reasonableness. Reviewability is the threshold, procedural issue; reasonableness assesses whether the substance of the decision was arbitrary and capricious. The U.S. Supreme Court is currently examining a high-profile immigration case under this rubric. The court heard oral argument in November 2019 in Department of Homeland Security v. Regents of the University of California, a case that asks whether the Trump administration lawfully terminated the Deferred Action for Childhood Arrivals policy, also known as DACA.

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