Topic: arbitrary or capricious, or an abuse of discretion. · Go Syfert
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Topic #15042

7 canonical passages across 5 cases, quoted by 26 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Richard J. Orloski v. Federal Election Commission.

#Case FlagCanonical passage Citers
1 Richard J. Orloski v. Federal Election Commission Anchor
cadc · 1986
green “arbitrary or capricious, or an abuse of discretion.” 4
2 Federal Election Commission v. National Republican Senatorial Committee
cadc · 1992
green “necessarily states the agency's reasons for acting as it did.” 4
3 Responsibility v. Fed. Election Comm'n
cadc · 2018
green “placed their judgment squarely on the ground of prosecutorial discretion.” 4
4 Responsibility v. Fed. Election Comm'n
cadc · 2018
green “agency enforcement decisions, to the extent they are committed to agency discretion, are not subject to judicial review for abuse of discretion.” 4
5 Responsibility v. Fed. Election Comm'n
cadc · 2018
green “exercise of its prosecutorial discretion cannot be subjected to judicial scrutiny.” 4
6 Ctzn Respsble WA v. FEC
cadc · 2007
green “the supreme court in akins recognized that the commission, like other executive agencies, retains prosecutorial discretion.” 3
7 Common Cause v. Federal Election Commission
cadc · 1988
green “the statute clearly requires that for any official commission decision there must be at least a 4-2 majority vote.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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