Discretion differs by whether the actor must relate reasons across decisions.

Evidence

For the purposes of these materials, discretion means the power to choose between two or more courses of action each of which is thought of as permissible. A power is one of “continuing discretion” when, as in the case of the chief executive making nominations for public office the power-holder is without obligation to relate in any ormally reasoned manner the grounds upon which he acts in one instance with those upon which he acts in another. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2748

Categorization

• DEFINE: Defines discretion itself and continuing discretion as distinct from reasoned elaboration.
• XREF: Feeds the course unit on institutional roles and interpretation. — connects to: Interpreting officials must decide like cases alike and respect legislative position. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2734; Appointing officials owe no reasoned consistency across their decisions. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2738; Calling interpretation ‘discretion’ obscures the deciding officer’s duty to seek the right answer. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2820 (+2 more)