Judicial review of agency action to determine whether it is supported by substantial evidence is contextual and can be influenced significantly by:
the nature of the agency action (i.e., rulemaking or adjudication);
the type of regulatory scheme (e.g., Social Security benefit determination or Securities and Exchange Commission enforcement actions); and
the complexity of the issues before the agency and reviewing court.
The Supreme Court has long acknowledged that when it considers:
a purely factual question within the area of competence of an administrative agency created by Congress, and when...
