EE book

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Essay question one from class or another one

How do make sure that APA applies to enforcement actions via formal AA??

Essay question?

While an agencys decision not to enforce against a particular violation (or a

broad class of violators?) is presumptively unreviewable, Congress did not
set agencies free to disregard legislative direction in the statutory scheme
the agency administers.
And the Constitution says that the President shall take care that the laws be
faithfully executed.
How should one distinguish between an agencys unreviewable exercise of
prosecutorial discretion and an agencys disregard of statute enacted by
Congress that violates the statute or the take care clause?
Can an article III court make that determination, or is it an issue that must be
decided in the court of public opinion?