Can the U.S. Supreme Court review the rulemaking proceedings of a federal administrative agency per se?

The assertion that the U.S. Supreme Court cannot review the rulemaking proceedings of a federal administrative agency because they do not generate a record is not accurate. The Supreme Court has limited direct review ability regarding administrative rulemaking. However, the key consideration here is that while administrative agencies generate rules through a process that does create a record, the nature of how and when the Supreme Court may become involved in these proceedings is more nuanced.

The correct understanding is that the Supreme Court generally does not review agency rules merely for their content or the process utilized in their formation without a specific legal challenge being presented. Rulemaking proceedings are typically subjected to judicial review by the lower courts first, and only in situations where there’s a legal challenge that arises, such as when parties contest the applicability of the rule, does the case move forward through the judicial system, potentially reaching the Supreme Court.

In comparison to the other options, it is accurate that the Supreme Court's ability to review agency actions, including rulemakings, depends primarily on whether those actions have been challenged in lower courts and whether an appropriate case or controversy has been presented, which is not encapsulated correctly by the other choices. Thus, the correct answer aligns with the principle that Supreme Court review is conditional