“[I]f a particular organic statute is silent on the question of judicial review, courts should recognize the basic presumption favoring judicial review embodied in the [APA],” so long as the action is not committed by law to agency discretion
How later courts described this case
- “[I]f a particular organic statute is silent on the question of judicial review, courts should recognize the basic presumption favoring judicial review embodied in the [APA],” so long as the action is not committed by law to agency discretion
- “[T]he power to prescribe consent negotiation procedure is part of the general enforcement power of the [FTC], and such enforcement decisions are generally not subject to judicial review.”
- agency’s power to prescribe consent negotiation procedures is committed to agency’s discretion and not subject to judicial review
Written by the judges who cited it.
The opinion
J. SKELLY WRIGHT, Circuit Judge
(concurring):
I am pleased to concur in Judge Tamm’s excellent opinion because in my judgment it doés not preclude the possibility of judicial review in all circumstances of consent orders issued by the Federal Trade Commission under 5 U.S. C. § 554(c)(1) (1970).