Page:Axon Enterprise v. FTC.pdf/12

Rh claims.

A special statutory review scheme, this Court has recognized, may preclude district courts from exercising jurisdiction over challenges to federal agency action. See, e.g., Thunder Basin, 510 U. S., at 207. District courts may ordinarily hear those challenges by way of 28 U. S. C. §1331’s grant of jurisdiction for claims “arising under” federal law. Congress, though, may substitute for that district court authority an alternative scheme of review. Congress of course may do so explicitly, providing in so many words that district court jurisdiction will yield. But Congress also may do so implicitly, by specifying a different method to resolve claims about agency action. The method Congress typically chooses is the one used in both the Exchange Act and the FTC Act: review in a court of appeals following the agency’s own review process. We have several times held that the creation of such a review scheme for agency action divests district courts of their ordinary jurisdiction over the covered cases. See Thunder Basin, 510 U. S., at 207–212; Elgin v. Department of Treasury, 567 U. S. 1, 10–15 (2012); see also Free Enterprise Fund v. Public Company Accounting Oversight Bd., 561 U. S. 477, 489 (2010) (noting that statutory schemes for agency review “[g]enerally” are “exclusive”). The agency effectively fills in for the district court, with the court of appeals providing judicial review.

But a statutory review scheme of that kind does not necessarily extend to every claim concerning agency action. Our decision in Thunder Basin made that point clear. After finding that Congress’s creation of a “comprehensive review process” like the ones here ousted district courts of jurisdiction, the Court asked another question: whether the particular claims brought were “of the type Congress intended to be reviewed within this statutory structure.” 510 U. S., at