Heckler v. Chaney
Encyclopedia
Heckler v. Chaney, , is a case heard before the United States Supreme Court
. The case presented the question of the extent to which a decision of an administrative agency, here the Food and Drug Administration
, to exercise its discretion not to undertake certain enforcement actions is subject to judicial review
under the Administrative Procedure Act
.
and Texas
criminal courts and sentenced to death. The procedure to be used was lethal injection
. They applied first to the FDA, stating that while the drugs to be involved in the lethal injection had been approved, the manner in which they were going to be used had not, in violation of the Food, Drug, and Cosmetic Act's prohibition against "misbranding". They also argued that the Act's procedures for "new drugs" should be applicable, given that these drugs were being utilized for a new and un-tested purpose. More simply, they were arguing that the FDA had not certified that the drugs were "safe and effective" for human executions, and thus should be barred for being distributed via interstate commerce.
delivered the opinion of the Court saying, "[The Court] granted certiorari
to review the implausible result that the FDA is required to exercise its enforcement power to ensure that states only use drugs that are 'safe and effective' for human execution..."
The Court assessed that the Court of Appeals decision coming before raised three questions:
The Court's opinion skirted the jurisdictional issue, ruling that an agency's decision not to pursue an enforcement action is presumptively unreviewable, as such actions are "committed to agency discretion by law" under § 701(a)(2) of the Administrative Procedure Act.
The Court however, did not reach this conclusion based on a reading of text, but rather on the notion that such decisions were presumptively unreviewable under the common law, that it was Congress' intention under the APA to codify the common law, and that therefore such a presumption should be sustained under the APA.
The Court further supported its holding by pointing to three reasons why reviewing an agency's decision not to act is unsuitable to judicial review. First, agency decisions whether to initiate enforcement actions are usually based on a complicated balancing of multiple factors, such as efficient allocation of limited resources, likelihood of success, and the relationship of the potential action to the overall enforcement strategy of the agency. The courts are ill-suited to performing such an analysis. Secondly, the court noted when an agency chooses not to act, they are not exercising any coercive power over others that might be worthy of heightened judicial protection. Third, the Court found an agency’s discretion not to seek enforcement as being analogous to exercises of prosecutorial discretion that courts have traditionally been unwilling to review.
The Court though emphasized that the presumption of unreviewability is rebuttable where (1) an agency declines to act based "solely" on its belief that it lacks jurisdiction, or (2) where an agency "consciously and expressly" adopts a policy that is so extreme that it represents an abdication of its statutory responsibilities.
The Court declined to address whether the presumption of unreviewability applies to an agency decision not to issue a rule or initiate a rulemaking.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. The case presented the question of the extent to which a decision of an administrative agency, here the Food and Drug Administration
Food and Drug Administration
The Food and Drug Administration is an agency of the United States Department of Health and Human Services, one of the United States federal executive departments...
, to exercise its discretion not to undertake certain enforcement actions is subject to judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
under the Administrative Procedure Act
Administrative Procedure Act
The Administrative Procedure Act , , is the United States federal law that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. The APA also sets up a process for the United States federal courts to directly review...
.
Background
Respondents had been convicted in OklahomaOklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
and Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
criminal courts and sentenced to death. The procedure to be used was lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
. They applied first to the FDA, stating that while the drugs to be involved in the lethal injection had been approved, the manner in which they were going to be used had not, in violation of the Food, Drug, and Cosmetic Act's prohibition against "misbranding". They also argued that the Act's procedures for "new drugs" should be applicable, given that these drugs were being utilized for a new and un-tested purpose. More simply, they were arguing that the FDA had not certified that the drugs were "safe and effective" for human executions, and thus should be barred for being distributed via interstate commerce.
Opinion of the Court
Justice RehnquistWilliam Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
delivered the opinion of the Court saying, "[The Court] granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
to review the implausible result that the FDA is required to exercise its enforcement power to ensure that states only use drugs that are 'safe and effective' for human execution..."
The Court assessed that the Court of Appeals decision coming before raised three questions:
- whether the FDA had jurisdiction to undertake the enforcement actions requested
- whether if it did have jurisdiction its refusal to take those actions was subject to judicial review, and
- whether if reviewable its refusal was arbitrary, capricious, or an abuse of discretion.
The Court's opinion skirted the jurisdictional issue, ruling that an agency's decision not to pursue an enforcement action is presumptively unreviewable, as such actions are "committed to agency discretion by law" under § 701(a)(2) of the Administrative Procedure Act.
The Court however, did not reach this conclusion based on a reading of text, but rather on the notion that such decisions were presumptively unreviewable under the common law, that it was Congress' intention under the APA to codify the common law, and that therefore such a presumption should be sustained under the APA.
The Court further supported its holding by pointing to three reasons why reviewing an agency's decision not to act is unsuitable to judicial review. First, agency decisions whether to initiate enforcement actions are usually based on a complicated balancing of multiple factors, such as efficient allocation of limited resources, likelihood of success, and the relationship of the potential action to the overall enforcement strategy of the agency. The courts are ill-suited to performing such an analysis. Secondly, the court noted when an agency chooses not to act, they are not exercising any coercive power over others that might be worthy of heightened judicial protection. Third, the Court found an agency’s discretion not to seek enforcement as being analogous to exercises of prosecutorial discretion that courts have traditionally been unwilling to review.
The Court though emphasized that the presumption of unreviewability is rebuttable where (1) an agency declines to act based "solely" on its belief that it lacks jurisdiction, or (2) where an agency "consciously and expressly" adopts a policy that is so extreme that it represents an abdication of its statutory responsibilities.
The Court declined to address whether the presumption of unreviewability applies to an agency decision not to issue a rule or initiate a rulemaking.