Media in Action (M) (a membership organization for print media reporters) filed a lawsuit against T in the Circuit Court of Appeals challenging the legal validity of the "fake news" rule. Joining M in the lawsuit were two print reporters for theNew York Times, Harry and Sally. They claimed that the final rule would harm them in their profession because they would have to change their practices as to sources and leaks. The rule directly applied to them. They sought to have the rule struck down before it could be enforced against them. They claimed that T violated APA procedural requirements in adopting the rules. They argued for de novo review of the rule. T opposed all of the arguments made by them in court.

What is judicial review? What can the courts do/ not do in judicially reviewing agency rules? Do the challengers, M, H, and S, have standing to challenge the rule? Is the "fake news" rule ripe for preenforcement review? What standards of review will the appellate court use to decide the validity of the "fake news" rule adopted by T? Is de novo review the correct standard?