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Edward R. Bailey v. Caspar W. Weinberger, Secretary of Health, Education, and Welfare

While I have joined Mr. Justice WHITE's dissent, I should add that the number of cases we take to review on the merits is well below the tolerable limit and that this case presents one of the most pressing problems on the modern scene. For the extent to which the evergrowing federal bureaucracy uses 'discretion' to mask irresponsible action that evades review seems to me to be eroding basic rights of the citizen.

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Edward R. Bailey v. Caspar W. Weinberger, Secretary of Health, Education, and Welfare
(Dec 9, 1974)