Court will uphold the cp --- pilots are legal

(Colleen V. Chien, Justin D'Atri Visiting Professor of Business Law, Columbia Law School; Professor, Santa Clara University School of Law; 2013-2015 White House Senior Advisor, Innovation and Intellectual Property, “Rigorous Policy Pilots: Experimentation in the Administration of the Law, July, 2019, “104 Iowa L. Rev. 2313,” pg lexis//um-ef)

Collectively, these cases confirm that the Constitution and APA present limited if any special barriers to rigorous piloting. No decision that I could find has held that experimentation rendered an agency rule per se arbitrary and capricious because it demonstrated a lack of sufficient information to select a course of action. To the contrary, courts are generally accepting of experimentation as a rational way of learning about a policy and value [*2335] randomization as an adequate, and potentially superior, 134way of distributing a benefit or a burden to a population.