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Anthropic v. DoW

Issue

Webster v. Doe and constitutional carveouts

Doctrinal framework

Webster v. Doe, 486 U.S. 592 (1988) — even broad statutory preclusion-of-review provisions are read not to preclude constitutional claims unless Congress clearly intends to do so.

Status after the PI

Lin did not need to reach the carveout because the government did not press the preclusion argument and the APA route was open. Available as a backstop should the government argue § 3252's reviewability bar extends to constitutional claims.

Open questions

Whether the principle extends to the FASCSA review framework in the D.C. Cir. case.

Sources & authority

  1. 1.AuthorityWebster v. Doe · 486 U.S. 592 (1988)

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