Judges Struggle With Review of Biden’s Power to Create Monuments

A panel of appeals court judges grappled during oral arguments Thursday with whether Congress provided for judicial review of any monument designation under the Antiquities Act.

The president can designate all of the federal land in a state as a national monument under the 1906 law and it would not be reviewable by the courts, John E. Bies, an attorney for the Justice Department, argued before the US Court of the Appeals for the Tenth Circuit.

Bies argued that as long as the president has a bona fide purpose for setting ...