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If a plaintiff is unable to bring his case predicated on either a specific or a general statutory review provision, he may still be able to institute a non-statutory review action. Byse and Fiocca, Section 1361 of the Mandamus and Venue Act of 1962 and 'Nonstatutory' Judicial Review of Federal Administrative Action, 81 HARV. L. REV. 308, 321 (1967). Until the turn of the century, the availability of non-statutory review of executive action was uncertain. The Supreme Court from 1870 to 1900 'entertained considerable doubt, in the absence of statutory provision, as to the propriety of judicial control of 'executive' action.' JAFFEE, JUDICIAL CONTROL OF ADMINISTRATIVE ACTION 337 (1965). Then came American School of Magnetic Healing v. McAnnulty, 187 U.S. 94, 47 L. Ed. 90, 23 S. Ct. 33 (1902). The Postmaster General had barred the plaintiff from advertising, fraudulently in the Postmaster General's view, that he could cure disease by the 'proper exercise of the faculty of the brain and mind.' Id. at 96. The plaintiff sought an injunction to restrain a subordinate official from carrying out the order of the Postmaster General. The Court, granting relief, explained that the: acts of all [a government department's] ...

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