Never has constructively critical examination of executive action been more important.

As boards are rule-driven, unless the prescribed criteria were met, degrees could only be awarded by disregard of constitutionally approved rules under executive action.

But the claimants submitted that the litigation centrally concerned the violation by deliberate and targeted executive action of civil rights.

There was also collective relief at clear executive action - in contrast to the faltering attempts to stem the oil gusher, reform health insurance, or pull out of recession.

A central issue in the case was whether the orders could be challenged in the light of the modern approach to judicial review of executive action.