Daniel K. Mayers v. Peter S. Ridley

WILKEY, Circuit Judge, with whom Circuit Judges McGOWAN and LEV-ENTHAL

concur.

Judge Wright’s opinion is infused throughout with broad constitutional discussions and assumptions, with which not all members of the majority are in complete accord. Therefore, it seems desirable to set forth separately the more limited rationale on which several members of the court do in fact agree.

The doctrine of judicial restraint, that cautions a court to avoid decision of constitutional questions when not necessary for disposition of a controversy, applies also, we think, to serious reliance on an application…