No. 25-6872

Min Tang v. Robert F. Kennedy, Secretary of Health and Human Services

Lower Court: Fourth Circuit
Docketed: 2026-02-20
Status: Pending
Type: IFP
IFP
Tags: administrative-law administrative-record due-process EEOC judicial-review retaliation
Key Terms:
Arbitration ERISA SocialSecurity DueProcess EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: N/A
Question Presented (from Petition)

This case concerns the standards governing judicial review of federal administrative retaliation determinations where evidentiary hearings were cancelled, the administrative record was left undeveloped, and the agency had previously granted full retroactive relief for related conduct. By affirming without independently reviewing the full administrative record and without addressing material evidence of regulatory noncompliance, the courts failed to exercise the judicial power vested in Article III courts to provide meaningful review of agency action.

1. Whether reviewing courts may affirm agency determinations without independently reviewing the full administrative record, including prior agency decisions granting full retroactive relief for the same related conduct.

2. Whether due process permits the EEOC administrative judges to cancel scheduled evidentiary hearings and issue merits decisions without developing a legally sufficient administrative record, and whether reviewing courts may uphold such determinations based on post hoc rationalizations.

3. Whether reviewing courts may uphold retaliation determinations while disregarding binding agency regulations governing documentation of review decisions and the resolution of regulatory and scientific disagreements, and while failing to address record evidence that completed professional work was reassigned in the absence of documented disagreement.

Question Presented (AI Summary)

Whether reviewing courts may affirm agency determinations without independently reviewing the full administrative record and without addressing material evidence of regulatory noncompliance, and whether due process permits administrative judges to cancel evidentiary hearings and issue merits decisions without developing a legally sufficient administrative record

Docket Entries

2025-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 23, 2026)

Attorneys

Kennedy, Robert
D. John SauerSolicitor General, Respondent
Min Tang
Min Tang — Petitioner