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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Political and Public International Law

An executive chooses between two lawfully available programs. A suit properly alleges that the choice was made through capricious conduct amounting to lack or excess of jurisdiction; government counsel answers that all program choices are political. The court ultimately finds the allegation unproved. Which distinction is correct?

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The court may evaluate qualifying grave abuse in a proper case, yet reject the challenge on its merits without choosing its own preferred program The court must permanently run the program after review The initial political label made all review constitutionally impossible Losing on the evidence proves there never can be judicial review

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