Court review of agency actions
Whitman v. United States District Court for the District of Colorado
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Darrell L. Whitman asks the Supreme Court to review the Tenth Circuit’s refusal to hold a hearing on his petition for a court order requiring action (a writ of mandamus), which sought judicial review of agency actions under the Administrative Procedure Act.
- What's at stake
- Whether Whitman can obtain Supreme Court review of his claim about the Tenth Circuit’s refusal remains unresolved.
Summary: written with AI from the case record.
What it's about
He argues that the refusal violated his First Amendment right to petition the government and his Fifth Amendment due-process rights.
Whitman argues that his request for court review of agency actions is protected by the First and Fifth Amendments and the Administrative Procedure Act.
Question presented
1. Did the 10th Circuit Court of Appeals violate Petitioner’s Constitutional right to bring a grievance to government [Const. Amend I] and Petitioner’s Constitutional right to due process of law [Const. Amend. V], authorized as a right to judicial review by the Administrative Procedures Act [5 U.S.C., §§701-706]. when the court denied a hearing of Petitioner’s Writ of Mandamus in which Petitioner petitioned for judicial review of agency actions that caused Petitioner to suffer legal wrong/and adverse effects within the meaning of relevant statutes? 2. Did the 10th Circuit Court of Appeals’ denial of hearing of Petitioner’s Writ of Mandamus authorized as a right by the APA [5 U.S.C., §702], constitute an abuse of judicial discretion that so far departed from the accepted and usual course of judicial proceedings as to call for an exercise of this Court’s supervisory power [Rules of the Supreme Court, Rule 10(a)]? 3. Did the 10th Circuit Court of Appeals denial hearing of Petitioner’s Writ of Mandamus authorized by the APA [5 U.S.C., §702] decide an important question of federal law that was not but should be settled by this Court or decide an important federal question in a way that conflicts with relevant decisions of this Court. [Rules of the Supreme Court, Rule 10(a)]? 4. Is the denial of a petition for judicial review mandated by the APA [5 U.S. Code, §§702-703] an action of such great public interest it compels the grant of certiorari to protect the right of judicial review under the APA as an essential Constitutional substantive due process right requiring federal courts honor their duty to protect the Constitution’s substantive Constitutional rights and separation of powers. [Rules of the Supreme Court, Rule 10(a)]?
What happens next
The Court must decide whether to hear the petition. No argument date or decision timing is set.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Brief added: Petition
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.