Department of Commerce v. U.S. District Court for the Southern District of New York

Argument:  TBD

Department of Commerce:  A district court MAY NOT order discovery outside the administrative record to probe the mental processes of the agency decisionmaker—including by compelling the testimony of high-ranking Executive Branch officials.

U.S. District Court for the Southern District of New York:  A district court MAY order discovery outside the administrative record to probe the mental processes of the agency decisionmaker—including by compelling the testimony of high-ranking Executive Branch officials.

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