Hobson v. Hansen

J. SKELLY WRIGHT, Circuit

Judge (dissenting):

The majority of this three-judge court has decided that 31 D.C.Code, § 101 (1961) is sustained alternatively by the District clause of Article I and the appointments provisions of Article II of the Constitution. I cannot agree. Ordinarily, nullifying an Act of Congress as unconstitutional is a drastic venture. But the institutional considerations which persuade courts to show restraint when asked to intervene in the affairs of the other branches of government largely disappear when the statute under review is one assigning responsibilities to the…