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Administrative Procedure Act, 5 U.S.C. § 701 (1964 ed., Supp. V), provides that the action of 'each authority of the Government of the United States,' is subject to judicial review except where there is a statutory prohibition on review or where 'agency action is committed to agency discretion by law.' In this case, there is no indication that Congress sought to prohibit judicial review, and there is most certainly no 'showing of clear and convincing evidence' of a . . . legislative intent' to restrict access to judicial review. Abbott Laboratories v. Gardner, 387 U. S. 136, 387 U. S. 141 (1967). Brownell v. We Shung, 352 U. S. 180, 352 U. S. 185 (1956). See also Rusk v. Cort, 369 U. S. 367, 369 U. S. 379-380 (1962).


The agency discretion exception is a very narrow exception. The scope of this exception has been the subject of extensive commentary. See, e.g., Berger, Administrative Arbitrariness: A Synthesis, 78 Yale L.J. 965 (1969); Saferstein, Nonreviewability: A Functional Analysis of 'Committed to Agency Discretion,' 82 Harv.L.Rev. 367 (1968); Davis, Administrative Arbitrariness is Not Always Reviewable, 51 Minn.L.Rev. 643 (1967); Berger, Administrative Arbitrariness: A Sequel, 51 Minn.L.Rev. 601 (1967). ...

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