The Future of the Duty to Engage in Reasoned Decision Making: The Choice Between a Textual Approach and a Pragmatic Approach

Authors

Richard J. Pierce Jr, George Washington University Law SchoolFollow

Document Type

Article

Publication Date

2025

Status

Working

Abstract

In this contribution to a symposium on the future of the duty to engage in reasoned decision making, Professor Pierce argues that the Supreme Court faces a decision whether to retain the present robust version of the duty to engage in reasoned decision making and to extend it to actions taken by the president or to abandon or greatly weaken it. He urges the Court to retain and expand the scope of the duty to include actions taken by the president. He expresses concern, however, that the Court may instead abandon or significantly weaken the duty.

GW Paper Series

2025-44

SSRN Link

https://ssrn.com/abstract=5397308

Recommended Citation

Pierce, Richard J. Jr, "The Future of the Duty to Engage in Reasoned Decision Making: The Choice Between a Textual Approach and a Pragmatic Approach" (2025). GW Law Faculty Publications & Other Works. 1803.
https://scholarship.law.gwu.edu/faculty_publications/1803