Also known as: statutorily precluded · statutory preclusions · preclusion by statute · statutory bar
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine under which a statute bars judicial review of agency action by directing disputes into specified administrative channels instead of the courts. The inquiry turns on the text and structure of the particular statute at issue. Courts apply a presumption of reviewability that yields only when the statute clearly precludes review.
Signal Current sought federal registration of a satirical brand name that a statute barred as disparaging. The examiner denied the application under the statutory prohibition. Signal Current challenged the denial in federal court, arguing that the statutory bar itself could not be enforced because it targeted private speech on the basis of viewpoint.
Thunder Basin Coal refused to post certain designations required by the Mine Act and sought immediate judicial review of the Secretary's interpretation. The statute provided a detailed administrative review process before the Federal Mine Safety and Health Review Commission. The court held that the statutory scheme precluded direct district court review until the administrative process concluded.
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Abbott Laboratories faced new FDA labeling regulations that required immediate changes to packaging and promotional materials. The company sued in district court to challenge the regulations before any enforcement action occurred. The statute provided no explicit pre-enforcement review mechanism, so the court examined whether the statutory scheme impliedly precluded such suits.
A court examines the text, structure, and purpose of the particular statute. The presumption favors reviewability, but clear statutory language or a comprehensive administrative scheme can overcome that presumption.
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Litigants must pursue the administrative remedies the statute provides before seeking judicial review. Premature court challenges are dismissed for lack of jurisdiction.
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The Constitution does not mandate review in every case. Statutory preclusion is generally upheld unless it raises serious constitutional questions such as suspension of habeas corpus.
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Yes. When the bar targets private speech based on viewpoint, it is subject to strict scrutiny and may be held invalid even though it appears in a registration statute.
…access to the courts under the Administrative Procedure Act and the Declaratory Judgment Act must be permitted, absent a statutory bar or some other unusual circumstance, neither of which appears here. The Government does not dispute the very real dilemma in which petitioners are placed by the regulation, but contends…