opinion: NIKE, INC., et al. v. KASKY
  No. 02-575.
  Argued April 23, 2003
  Decided June 26, 2003
  Laurence H. Tribe argued the cause for petitioners. With him on the briefs were Thomas C. Goldstein, Amy Howe, Walter Dellinger, David J. Brown, and James N. Penrod.
  Solicitor General Olson argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Assistant Attorney General McCollum, Deputy Solicitor General Clement, Jeffrey P. Minear, and Jeffrey A. Lamken.
  Paul R. Hoeber argued the cause for respondent. With him on the brief were Alan M. Copian, Roderick P Bushnell, Patrick J. Coughlin, Randi Dawn Bondman, Albert H. Meyerhoff, and Sylvia Sum .
  Briefs of amici curiae urging reversal were filed for ABC Inc. et al. by Bruce E. H. Johnson, P. Cameron DeVore, Kelli L. Sager, Henry S. Hoberman, Theresa A Chmara, Richard M. Schmidt, Jr., David A Schulz, R. Bruce Rich, Jonathan Bloom, Susanna M. Lowy, Anthony M. Bongiorno, Harold W. Fuson, Jr., Jonathan R. Donnellan, Stuart D. Karle, Barbara W. Wall, Jack N. Goodman, James M. Lichtman,. Neal A Jackson, George Freeman, René P. Milam, Henry Z. Horbaczewski, Lucy A. Dalglish, Jane E. Kirtley, Bruce W. Sanford, Robin Bierstedt, Karlene W. Goller, and Eric N. Lieberman; for the American Civil Liberties Union et al. by Mark J. Lopez, Steven R. Shapiro, and Ann Brick; for the American Federation of Labor and Congress of Industrial Organizations by Jonathan P. Hiatt, James B. Coppess, and Laurence Gold; for the Arthur W. Page Society et al. by Bruce P. Keller and Michael R. Potenza; for the Association of National Advertising, Inc., et al. by Howard J. Rubin and Cory Greenberg; for the Business Roundtable by Carter G. Phillips, Alan Charles Raul, and Joseph R. Guerra; for the Center for Individual Freedom by Erik S. Jaffe and Renee L. Giachino; for the Center for the Advancement of Capitalism by Thomas A Bowden; for the Chamber of Commerce of the United States of America by Kenneth W. Starr, Richard A- Cordray, and Robin S. Conrad; for the Civil Justice Association of California by Fred J. Hiestand; for Defenders of Property Rights et al. by Nancie G. Marzulla and Roger J. Marzulla; for ExxonMobil et al. by David H. Remes; for the National Association of Manufacturers by Andrew L. Frey, Andrew H. Schapiro, Kenneth S. Geller, David M. Gossett, Martin H. Redish, Jan S. Amundson, and Quentin Riegel; for the Pacific Legal Foundation et al. by Deborah J. La Fetra; for Pfizer Inc. by Bert W. Rein, Jeffrey B. Kindler, and Steven C. Kany; for the Product Liability Advisory Council, Inc., by Steven G. Brody; for SRiMedia et al. by Thomas H. Clarke, Jr.; for the Thomas Jefferson Center for the Protection of Free Expression et al. by Robert M. O’Neil and J. Joshua Wheeler; and for the Washington Legal Foundation et al. by Daniel J. Popeo and Richard A Samp.
  Briefs of amici curiae urging affirmance were filed for the State of California et al. by Bill Lockyer, Attorney General of California, Manuel Medeiros, State Solicitor General, Richard M. Frank, Chief Assistant Attorney General, Herschel T. Elkins, Senior Assistant Attorney General, and Ronald A Reiter, Supervising Deputy Attorney General, and by the Attorneys General for their respective jurisdictions as follows: Gregg D. Renkes of Alaska, Terry Goddard of Arizona, Richard Blumenthal of Connecticut, Charles J. Crist, Jr., of Florida, Lisa Madigan of Illinois, Richard leyoub of Louisiana, G. Steven Rowe of Maine, J. Joseph Curran, Jr., of Maryland, Mike Hatch of Minnesota, Patricia A Madrid of New Mexico, Eliot Spitzer of New York, Wayne Stenehjem of North Dakota, Jim Petro of Ohio, W. A Drew Edmondson of Oklahoma, Anabelle Rodriguez of Puerto Rico, Lawrence E. Long of South Dakota, William H. Sorrell of Vermont, and Darrell V. McGraw, Jr., of West Virginia; for the Campaign Legal Center by Trevor Potter; for the Consumer Attorneys of California by Sharon J. Arkin; for Domini Social Investments LLC et al. by James E. Pfander; for Global Exchange by William Aceves; for the National Association of Consumer Advocates by Robert M. Bramson; for Public Citizen by Alan B. Morrison, Allison M. Zieve, Scott L. Nelson, and David C. Vladeck; for ReclaimDemocracy.org by Brenda Wright, Lisa J. Danetz, John C. Bonifaz, and Bonita Tenneriello; for the Sierra Club et al. by Patrick Gallagher and Thomas McGarity; and for Representative Dennis J. Kudnich et al. by Erwin Chemerinsky and Catherine Fisk.
  William Perry Pendley and Joseph F. Becker filed a brief for the Mountain States Legal Foundation as amicus curiae.
  Per Curiam.
  The writ of certiorari is dismissed as improvidently granted.
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.