(DOWNLOAD) "Heckler v. Chaney Et Al." by Supreme Court of the United States * eBook PDF Kindle ePub Free

July 26, 2021

eBook details

Title: Heckler v. Chaney Et Al.
Author : Supreme Court of the United States
Release Date : January 20, 1985
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 81 KB

Description

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 by lethal injection of drugs. They petitioned the Food and Drug Administration (FDA), alleging that under the circumstances the use of these drugs for capital punishment violated the Federal Food, Drug, and Cosmetic Act, 52 Stat. 1040, as amended, 21 U. S. C. ? 301 et seq. (FDCA), and requesting that the FDA take various enforcement actions to prevent these violations. The FDA refused their request. We review here a decision of the Court of Appeals for the District of Columbia Circuit, which held the FDAs refusal to take enforcement actions both reviewable and an abuse of discretion, and remanded the case with directions that the agency be required "to fulfill its statutory function." 231 U. S. App. D.C. 136, 153, 718 F.2d 1174, 1191 (1983).