opinion: BOARD OF TRUSTEES OF THE VILLAGE OF SCARSDALE et al. v. McCREARY et al.
  No. 84-277.
  Argued February 20, 1985
  Decided March 27, 1985
  Marvin E. Frankel argued the cause for petitioners. With him on the briefs was Marc D. Stern.
  Marvin Schwartz argued the cause for respondents and filed a brief for respondents Scarsdale Creche Committee et al. Vincent K. Gilmore filed a brief for respondents McCreary et al.
  Briefs of amici curiae urging reversal were filed for the American Civil Liberties Union et al. by Burt Neubome, Charles S. Sims, Norman Dorsen, and Steven R. Shapiro; for the American Jewish Committee et al. by Samuel Rabinove; and for the Anti-Defamation League of B’nai B’rith et al. by Ruti G. Teitel, Meyer Eisenberg, Justin J. Finger, and Jeffrey P. Sinensky.
  Solicitor General Lee, Acting Assistant Attorney General Willard, and Deputy Solicitor General Bator filed a brief for the United States as amicus curiae urging affirmance.
  Steven Frederick McDowell filed a brief for the Catholic League for Religious and Civil Rights as amicus curiae.
  Per Curiam.
  The judgment is affirmed by an equally divided Court.
  Justice Powell took no part in the decision of this case.
instruction: What follows is an opinion from the Supreme Court of the United States. Your task is to identify whether administrative action occurred in the context of the case prior to the onset of litigation. The activity may involve an administrative official as well as that of an agency. To determine whether administration action occurred in the context of the case, consider the material which appears in the summary of the case preceding the Court's opinion and, if necessary, those portions of the prevailing opinion headed by a I or II. Action by an agency official is considered to be administrative action except when such an official acts to enforce criminal law. If an agency or agency official "denies" a "request" that action be taken, such denials are considered agency action. Exclude: a "challenge" to an unapplied agency rule, regulation, etc.; a request for an injunction or a declaratory judgment against agency action which, though anticipated, has not yet occurred; a mere request for an agency to take action when there is no evidence that the agency did so; agency or official action to enforce criminal law; the hiring and firing of political appointees or the procedures whereby public officials are appointed to office; attorney general preclearance actions pertaining to voting; filing fees or nominating petitions required for access to the ballot; actions of courts martial; land condemnation suits and quiet title actions instituted in a court; and federally funded private nonprofit organizations.