Commonwealth of Pennsylvania v. James T. Lynn, Secretary of Housing and Urban Development, 501 F.2d 848 (1974)

Citation: Commonwealth of Pennsylvania v. James T. Lynn, Secretary of Housing and Urban Development, 501 F.2d 848 (1974)
Parent Document: Commonwealth of Pennsylvania v. James T. Lynn, Secretary of Housing and Urban Development, 501 F.2d 848 (1974)
Jurisdiction: United States (federal)
Effective Date: 1974-09-25
Original Source: https://www.courtlistener.com/opinion/321083/commonwealth-of-pennsylvania-v-j... ↗

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Since the discretion vested in the Secretary is a narrow one, and the potential for mischief in the event of its abuse great, it is natural for a court to extend its inquiry somewhat beyond the “rational basis” that elsewhere suffices to support an administrative decision under 5 U.S.C. § 706. This is not to say that the court is empowered to substitute its judgment for that of the Secretary, for it is not. Rather, “the ultimate test is reasonableness.” Brawner Building, Inc. v. Shehyn, 143 U.S.App. D.C. 125, 130, 442 F.2d 847, 852 (1971). Our inquiry, therefore, is not merely into whether the Secretary had a rational basis for believing that the programs were disserving Congress’s purposes and policies, but whether, having those policies in mind and considering the consequences to be expected from continuing the programs, it was reasonable to discontinue them.

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