Volume 78, Number 2

May 2003

An Act of Discretion: Rebutting Cantor Fitzgerald’s Critique of the Victim Compensation Fund

Jonathan D. Melber

In response to September 11, 2001, Congress established a victim compensation fund, charging the Department of Justice with the responsibility for creating and administering the fund regulations. Several months after the Department of Justice announced its final rules, Cantor Fitzgerald publicly alleged that a number of the regulations were contrary to the congressional act governing the fund. Jonathan Melber examines Cantor Fitzgerald’s arguments and shows that they do not hold up under current principles of administrative law because the challenged regulations fall within the range of discretion Congress delegated to the Department of Justice.