Decision analysis: Authorizing, while limiting, review of the EEOC’s efforts to conciliate

Julie Goldscheid is a Professor at CUNY School of Law.
On Wednesday, the Court issued its unanimous decision, written by Justice Elena Kagan, in Mach Mining, L.L.C. v. Equal Employment Opportunity Commission. As discussed in more detail in my argument preview and analysis, the case raised the question whether and to what extent the EEOC’s attempt to conciliate complaints of discrimination between claimants and employers is subject to judicial review. Consistent with the Justices’ critical questioning of both sides at oral argument, the Court declined to adopt the position either side proposed. Instead, the Court issued what might be seen as a compromise position, one the Court itself deemed “manageable.” It rejected the government’s position that no review was required, but defined the scope of review as “limited.”
The Court addressed the question in two parts: first, whether the

Original SCOTUS article

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