DC Circuit: Citizens for Responsibility v. FEC

Given presumption of unreviewability of agency's discretionary enforcement decisions, commission's decision not to enforce after tied vote is not reviewable under organic statute or APA. Plaintiff does not identify the specific statutory provision violated by inaction.

Dissent: It was a reasoned application of facts to law; inaction violates the organic statute, which sets a sufficiently specific task to overcome the presumption.

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