EFTA01202344Set 9
2014-08-2134p10,281w
Agency's Decision To Enter into a Settlement Agreement Is
Presumptively Unreviewable 9
B. Plaintiff Fails To Rebut the Presumption of Nonreviewability Here 11
1. The Attorney General has plenary ... encroach on the judicial
power 19
D. Plaintiffs Abuse-of-Discretion Claim Is Unreviewable 23
E. Plaintiffs Claims for Declaratory and Injunctive Relief Provide No
Independent Source of Jurisdiction ... begin, the executive branch's enforcement decisions, including the decision to
settle, are presumptively unreviewable. Plaintiff falls far short of rebutting that presumption
here. Although Congress may limit the Attorney
https://www.justice.gov/epstein/files/DataSet%209/EFTA01202344.pdf
EFTA00208513Set 9
2008-07-0733p17,063w
case or controversy." Chaney explained that, the agency's refusal
is "only presumptively unreviewable; the presumption may be rebutted where the substantive statute has
provided guidelines for the agency ... court of appeals observed that "[t]he
decision to prosecute is largely unreviewable by the courts." citing United States v. Cox , 342 F.2d 167 (5 th Cir.
1965). The logical ... dispose of a matter
by entering into a non-prosecution agreement, is also largely unreviewable by the courts.
An interpretation that the rights enumerated in section
https://www.justice.gov/epstein/files/DataSet%209/EFTA00208513.pdf
EFTA00208037Set 9
2011-04-0754p17,943w
case or controversy." Chaney explained that, the agency's refusal is "only
presumptively unreviewable; the presumption may be rebutted where the substantive statute has
provided guidelines for the agency ... court of appeals observed that "[t]he
decision to prosecute is largely unreviewable by the courts." citing United States v. Cox, 342
F.2d 167 (5th Cir. 1965). The logical corollary ... dispose of a matter by entering into a non-prosecution agreement, is also largely
unreviewable by the courts.
An interpretation that the rights enumerated in section
https://www.justice.gov/epstein/files/DataSet%209/EFTA00208037.pdf
EFTA00078835Set 9
2011-04-0854p17,640w
case or controversy." Chaney explained that, the agency's refusal is "only
presumptively unreviewable; the presumption may be rebutted where the substantive statute has
provided guidelines for the agency ... court of appeals observed that "[t]he
decision to prosecute is largely unreviewable by the courts." citing United States v. Cox, 342
F.2d 167 (5th Cir. 1965). The logical corollary ... dispose of a matter by entering into a non-prosecution agreement, is also largely
unreviewable by the courts.
An interpretation that the rights enumerated in section
https://www.justice.gov/epstein/files/DataSet%209/EFTA00078835.pdf
EFTA01295897Set 10
2016-10-1294p21,192w
interlocutory order is
immediately appealable if, inter alia, the order would "be effectively unreviewable on
appeal from a final judgment."
COUNSEL: FREDERICK R. DETTMER, New York, NY (Karen M. Streisfeld
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01295897.pdf
EFTA00596449Set 9
2008-08-0836p11,867w
decision. Indeed, the very purpose of vacatur is "to prevent a judgment, unreviewable because of
mootness, from spawning any legal consequences." U.S. v. Munsingwear, 340 U.S. 36, 41
(1950), cited
https://www.justice.gov/epstein/files/DataSet%209/EFTA00596449.pdf
EFTA00075477Set 9
2020-08-2074p15,469w
Reviewable-for-abuse-of-discretion, however, does not mean
unreviewable." In re Mazzeo, 167 F.3d 139,142 (2d Cir. 1999). To the contrary, the
district court must address the relevant
https://www.justice.gov/epstein/files/DataSet%209/EFTA00075477.pdf
EFTA00299022Set 9
2006-07-1953p14,386w
USAO-SDFL.
In the end, the Executive Branch exercised, in good faith, the unreviewable
prosecutorial discretion afforded to it by Article II of the Constitution, as even recognized
by Congress
https://www.justice.gov/epstein/files/DataSet%209/EFTA00299022.pdf
EFTA00593710Set 9
2015-05-294p1,797w
civil context, a federal agency's decision not to take enforcement action is
"presumptively unreviewable," Heckler v. Chaney, 470 U.S. 821, 832 (1985). Even in the civil
context, the "statutory
https://www.justice.gov/epstein/files/DataSet%209/EFTA00593710.pdf
EFTA01144324Set 9
2015-04-1629p15,270w
civil context, a federal agency's decision not to take enforcement action is
"presumptively unreviewable." Heckler v. Chaney, 470 U.S. 821, 832 (1985). Even in the civil
context, the "statutory
https://www.justice.gov/epstein/files/DataSet%209/EFTA01144324.pdf