Watson v. Geren

REENA RAGGI, Circuit Judge,

with whom

Chief Judge JACOBS, Judge CABRANES, and Judge LIVINGSTON, join,

dissenting.

The court today decides not to convene en banc to review Watson v. Geren, 569 F.3d 115 (2d Cir.2009), a decision that declines to apply the remand rule to permit an executive agency to remedy a procedural error of inadequate explanation at its final step of decisionmaking. Instead, upon judicial review of the administrative record, Watson concludes that it would be impossible for the agency to identify any reason with a basis in fact to support its challenged decision. The conclusion…