Federal Election Comm'n v. Akins, 524 U.S. 11, 16 (1998)

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26

FEDERAL ELECTION COMM'N v. AKINS

Opinion of the Court

Finally, the FEC argues that we should deny respondents standing because this case involves an agency's decision not to undertake an enforcement action—an area generally not subject to judicial review. Brief for Petitioner 23, 29. In Heckler, this Court noted that agency enforcement decisions "ha[ve] traditionally been 'committed to agency discretion,' " and concluded that Congress did not intend to alter that tradition in enacting the APA. 470 U. S., at 832; cf. 5 U. S. C. § 701(a) (courts will not review agency actions where "statutes preclude judicial review," or where the "agency action is committed to agency discretion by law"). We deal here with a statute that explicitly indicates the contrary.

In sum, respondents, as voters, have satisfied both prudential and constitutional standing requirements. They may bring this petition for a declaration that the FEC's dismissal of their complaint was unlawful. See 2 U. S. C. § 437g(a)(8)(A).

III

The second question presented in the FEC's petition for certiorari is whether an organization that otherwise satisfies the Act's definition of a "political committee," and thus is subject to its disclosure requirements, nonetheless falls outside that definition because "its major purpose" is not "the nomination or election of candidates." The question arises because this Court, in Buckley, said:

"To fulfill the purposes of the Act [the term 'political committee'] need only encompass organizations that are under the control of a candidate or the major purpose of which is the nomination or election of a candidate." 424 U. S., at 79.

The Court reiterated in Federal Election Comm'n v. Massachusetts Citizens for Life, Inc., 479 U. S. 238, 252, n. 6 (1986):

"[A]n entity subject to regulation as a 'political committee' under the Act is one that is either 'under the control

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