Prof. Hickman & Mark Thomson ’12 Cited By Federal District Court

Professor Kristin Hickman’s work with Mark Thomson ’12 on judicial review of agency rulemaking was cited by Judge James Browning in New Mexico Health Connections v. U.S. Dep’t of Health & Human Services, __ F.3d __, 2018 WL 5112912 (D.N.M. Oct. 19, 2018). In the article, Open Minds and Harmless Errors: Judicial Review of Post-Promulgation Notice and Comment, 101 Cornell L. Rev. 261 (2016), Hickman and Thomson documented and discussed judicial responses to agency procedural violations. In his opinion, having found that the agency action at issue violated procedural requirements, Judge Browning highlighted a lack of clarity in Tenth Circuit jurisprudence regarding vacatur of agency action as injunctive relief, declared his own view that remand without vacatur is an inappropriate remedy, and cited the Hickman and Thomson article as documenting issues raised by that remedy.