Case law · Highest court · Federal

Securities & Exchange Commission v. Chenery Corp.

Decided
June 23, 1947
Docket
NO. 81
Status
Published
Jurisdiction
Federal

Cited 3,981 timesNo negative treatment found in this library

What later courts said

  • holding that a reviewing court may not supply a reasoned basis for the agency's action that the agency itself has not given — In Re steelbuilding.com (2005)
  • holding that a reviewing court “must judge the propriety of [an agency’s judgment] solely by the grounds invoked by the agency” — Ross v. Astrue (2009)
  • holding that a reviewing court may not supply a reasoned basis for the agency’s action that the agency itself has not given — Schucker v. Federal Deposit Insurance (2005)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

Mr. Justice Murphy delivered the opinion of the Court.

This case is here for the second time. In S. E. C. v. Chenery Corp., 318 U. S. 80, we held that an order of the Securities and Exchange Commission could not be sustained on the grounds upon which that agency acted. We therefore directed that the case be remanded to the Commission for such further proceedings as might be appropriate. On remand, the Commission reexamined the problem, recast its rationale and reached the same result. The issue now is whether the Commission’s action is proper in light of the principles established in our prior decision.

When the case was first here, we emphasized a simple but fundamental rule of administrative law. That rule is to the effect that a reviewing court, in dealing with a determination or judgment which an administrative agency alone is authorized to make, must judge the propriety of such action solely by the grounds invoked by the agency. If those grounds are inadequate or improper, the court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis. To do so would propel the court into the domain which Congress has set aside exclusively for the administrative agency.

Cite this

Securities & Exchange Commission v. Chenery Corp., 332 U.S. 194 (1947)

Read the full opinion

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