ABSTRACT
The capstone of the current judicial response to the rise of the administrative state is the expansion of individuals' avenues for challenging public agencies and public administrators through litigation. Since the 1960s, the judiciary has engaged the status of the antagonist of the administrative state in ways that have far-reaching consequences for public administration. First and foremost, the judiciary has developed a mechanism that strongly incentivizes public administrators to be cognizant of constitutional rights and judicial values that pertain to their jobs. Second, the expansion of antagonists' opportunities to challenge public administration in court enables the judiciary to play a much more active role generally in the administrative state. The courts are no longer confined to reviewing the activities of administrative agencies in a narrow fashion. The fates of the antagonist and the judiciary are inherently linked. Perhaps Wood v. Strickland (1975) best illustrates the antagonist's potential to enlist the judiciary in efforts to bring about administrative change.
