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There are indeed many administrative rulings that are not made by judges, but instead by executives in government.

That internet service providers are not common carriers is just one example of an administrative FCC ruling.

Administrative rulings matter a great deal to the daily operation of government and how citizens interface with their services.

It has been and continues to be a major cost in terms of time, effort and resources for news organizations to drag every administrative ruling in front of a judge.



"NYPD Counsel" is not an example of an executive branch agency with rulemaking authority. Counsel is an advocate, and they have merely asserted a position with reference to the law. Absent some other (unprovided) citation, it doesn't behoove anyone to use loose language here.

"NYPD's lead freedom of information counsel refused to release the department's freedom of information guides, citing attorney-client privilege."


Translation: NYPD's lawyer said they don't need to release it. There was no ruling of any kind.


Yes, but we're not talking about a regulatory agency that's granted administrative rule making powers.




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