Can a judicial review of the decision of the Secretary of State to deny Than's application for an unblocking license?

Judicial review of the Secretary's decision to deny Than's application for an unblocking license is not precluded by either exception of section 701(a). We find nothing in the legislative history of the TWEA which prohibits such review either expressly or by implication. There simply has been no "showing of 'clear and convincing evidence' of a ... legislative intent ... (to) restrict access to judicial review." Abbott Laboratories v. Gardner, supra, 387 U.S. at 141, 87 S.Ct. at 1511. We conclude, therefore, that the district court was correct in reviewing the Secretary's decision under the Administrative Procedure Act. ¹¹

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