Next Generation Bar Exam Quiz
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CONSTITUTIONAL LAW
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Congress enacted a statute authorizing the Secretary of Homeland Security to designate certain foreign organizations as terrorist organizations and to impose asset freezes on those organizations. The Secretary designated a group called Aid for Peace based on classified evidence that the organization had provided material support to a designated terrorist entity. Aid for Peace sued, claiming the designation exceeded the Secretary's statutory authority and violated due process because the organization had not been given access to the classified evidence against it. The government argued that the suit was barred because the statute left the designation decision to the Secretary's discretion and that, even if review were available, the Secretary's decision was supported by the record.
Which of the following issues is most central to whether a federal court may review the Secretary's designation?
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