Observation:
Bernard Schwartz, Califano v. Sanders and Administrative Procedure Act Interpretation: Has the Supreme Court’s “Hospitable” Attitude Given Way to a More Restrictive Approach? 55 TEXAS L. REV. 1323 (1977).
 

Abstract:
The Supreme Court’s decision in Califano v. Sanders brings into sharp focus the question of whether the Court has remained true to the basic principle of construction of the Administrative Procedure Act, which is to be given a “hospitable” interpretation. In this Article, Professor Schwartz examines whether the court’s departure from the “hospitable” attitude in Califano typifies the Court’s position or is a mere exception. After an analysis of the court’s early approach to the APA and a review of APA interpretation within the past ten years, Schwartz concludes that the court is, in fact, moving away from their original “hospitable” interpretation of the statute.