31.   Fleming has appealed that ruling, arguing that the proposal violates the law by restricting its directors from exercising their discretion.

32.   Harris, a Republican politician, made a political decision when she chose to exercise her discretion very narrowly.

33.   He also questioned whether Garcetti is properly exercising his discretion.

34.   He said that it was one thing for a judge to exercise discretion within the statutory range for the offense as set by the legislature.

35.   However, the three dissenting justices said the Constitution prohibits state agencies from exercising arbitrary discretion when they open the public airwaves for candidates to a particular office.

36.   If there appear to be inconsistencies based on your experiences, it is because inspectors can exercise discretion, based on livestock health conditions around the world.

37.   In many cases, local officials exercised broad discretion in deciding what constituted a capital case.

38.   Instead, the law merely allows presidents to continue what they have always done by exercising executive discretion to spend or not spend money Congress has appropriated.

39.   Last November the INS issued guidelines for its staff on exercising prosecutorial discretion.

40.   Last week, Labarga ruled that the canvassing board may count ballots when it can discern voter intent, but he also allowed the board to exercise discretion.