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6 Sep 2012, 5:25 pm by FDABlog HPM
  And even if KV can establish standing, argued FDA, “FDA’s March 2011 statement is not subject to judicial review under the [APA] because FDA’s decisions not to take enforcement action are committed to the agency’s discretion under Heckler v. [read post]
18 Apr 2012, 10:45 am by Kent Scheidegger
The only mention of the legality of possession in the opinion is dictum in a footnote referencing an entirely separate chapter of title 21 of the United States Code, not at issue in the litigation.Third, the order clearly crosses the line drawn by the controlling Supreme Court precedent in Heckler v. [read post]
4 Apr 2012, 1:41 pm by John J. Sullivan
  The FDA tried to find for itself this discretion by pointing to Heckler v. [read post]
1 Mar 2012, 11:14 am by Prof. Coplan, Karl S.
According to an account of the argument by American University Law Professor Amanda Leiter, the DC Circuit Panel raised the possibility that the Tailoring Rule might be sustainable as an exercise of EPA’s prosecutorial discretion, unreviewable under Heckler v. [read post]
13 Jul 2011, 6:42 am by Ilya Shapiro - Guest
The following is an essay for our symposium on Arizona v. [read post]
2 Mar 2011, 8:37 pm by Timothy P. Flynn
  There cannot be a "heckler's veto".This case belongs to the progeny of the flag burning case from the 1990s and the Nazi march through Skokie, IL from the 1980s. [read post]
9 Feb 2011, 12:36 pm by Eugene Volokh
”For a more recent, but factually rather different, § 403 case, see McMahon v. [read post]
11 Sep 2010, 5:14 am by INFORRM
His final one for the day said: “9/11/2010 Int Burn a Koran Day“. [read post]