Defying Debarment: Judicial Review of Agency Suspension and Debarment Actions

86 GEO. WASH. L. REV. 1316

32 Pages Posted: 16 Jun 2020

Date Written: September 2018

Abstract

Judicial review of agencies’ suspension and debarment decisions is currently in flux. Recently, courts are more closely scrutinizing such decisions, potentially altering the way these tools are used. Both Congress and the courts need to consider creating a clear and consistent standard for agency review of suspension and debarment actions. To illuminate the current issues that agencies and contractors face, this Essay touches on five points: (1) the history of judicial deference, (2) the application of suspension and debarments, (3) judicial scrutiny of suspension and debarment decisions, (4) the current trend in agency suspension and debarment actions, and (5) the consequences of stricter judicial review.

Keywords: Debarment, suspension, judicial review, administrative law, government contracts

JEL Classification: K00, K41, K23

Suggested Citation

Block, Samantha, Defying Debarment: Judicial Review of Agency Suspension and Debarment Actions (September 2018). 86 GEO. WASH. L. REV. 1316 , Available at SSRN: https://ssrn.com/abstract=3606852

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