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HECKLER v. CHANEY

No. 83-1878.

470 U.S. 821 (1985)

HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES v. CHANEY ET AL.

Supreme Court of United States.

Decided March 20, 1985

Attorney(s) appearing for the Case

Deputy Solicitor General Geller argued the cause for petitioner. With him on the briefs were Solicitor General Lee, Acting Assistant Attorney General Willard, Samuel A. Alito, Jr., Leonard Schaitman, John M. Rogers, Thomas Scarlett, and Michael P. Peskoe.

Steven M. Kristovich argued the cause for respondents. With him on the brief were David E. Kendall, Julius LeVonne Chambers, James M. Nabrit III, John Charles Boger, James S. Liebman, and Anthony G. Amsterdam.*

Briefs of amici curiae urging affirmance were filed for the American Society of Law and Medicine et al. by James M. Doyle; and for the Public Citizen by Alan B. Morrison and William B. Schultz.

JUSTICE REHNQUIST delivered the opinion of the Court.

This case presents the question of the extent to which a decision of an administrative agency to exercise its "discretion" not to undertake certain enforcement actions is subject to judicial review under the Administrative Procedure Act, 5 U. S. C. § 501 et seq. (APA). Respondents are several prison inmates convicted of capital offenses and sentenced to death...

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