Legal Opinion

Evelyn Falkowski v. Equal Employment Opportunity Commission

Court of Appeals for the D.C. Circuit

Decided February 18, 1986No. 82-1446PublishedCited by 18 opinions

1Opinion of the Court

ON PETITION FOR REHEARING Opinion PER CURIAM.

2Per curiam

On remand of this case from the Supreme Court, 1 we affirmed in part and reversed in part the judgment of the District Court under challenge. 2 We analyzed appellant’s third cause of action in light of the Court’s decision in Heckler v. Chaney, 3 and held that the refusal of the Department of Justice to provide appellant with counsel fell within the “ ‘very narrow’ ” 4 exception to the presumption of reviewability carved out by Section 701(a)(2) of the Administrative Procedure Act 5 for action committed to agency discretion. 6 We see no reason to…

3Cases cited11 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Heckler v. ChaneySupreme Court of the United States · 1985
  3. Anderson v. DunnSupreme Court of the United States · 1821
  4. Robert Robbins v. Ronald Reagan Robert Robbins v. Ronald ReaganCourt of Appeals for the D.C. Circuit · 1985
  5. Expeditions Unlimited Aquatic Enterprises, Inc., a Corporation, Norman Scott v. Smithsonian InstitutionCourt of Appeals for the D.C. Circuit · 1977

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4Cited by18 opinions

  1. Dennis A. Dickson v. Secretary of DefenseCourt of Appeals for the D.C. Circuit · 1995
  2. Hall, Sheryl L. v. Clinton, Hillary R.Court of Appeals for the D.C. Circuit · 2002
  3. Thomas v. WilkinsDistrict Court, District of Columbia · 2014
  4. Nabaya v. DudeckDistrict Court, District of Columbia · 2014
  5. Morris v. RunyonDistrict Court, District of Columbia · 1994

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