City of New York v. DOD

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Three municipalities who use the National Instant Criminal Background Check System (NICS) to carry out their obligations under state law filed suit against the DOD and its constituent military departments, seeking to compel the department to more thoroughly comply with federal law requiring the department to provide records to the NICS.The Fourth Circuit affirmed the district court's dismissal of the municipalities' claim and held that they lacked constitutional standing and failed to establish subject matter jurisdiction under the Administrative Procedure Act. The court explained that there was simply no basis in the APA's text for such a broad incursion into internal agency management. The court noted that the APA did not permit the municipalities' efforts to include judicial supervision of the myriad programmatic workings of the federal government. View "City of New York v. DOD" on Justia Law