Council of Prison Locals v. Roy Brewer

WALD, Circuit Judge:

This appeal presents the question of whether the orders of the Federal Service Impasses Panel (Impasses Panel or Panel) are generally subject to direct judicial review. Upon examining the relevant statutory provisions and legislative history, we conclude that Congress intended to vest in the Panel broad and final authority to put an end to disputes in which negotiations have failed to produce a settlement. Accordingly, while we are cognizant of the heavy presumption in favor of judicial review of agency action, we nevertheless hold that Congress precluded direct judicial…