Irene C. Jenkins v. John W. Gardner, Secretary of Health, Education and Welfare

I respectfully dissent.

As a preface to this dissent, it may be said that it used to be easy enough for an appellate court to affirm an administrative agency on the ground that the findings were supported “by substantial evidence,” if it could find just a trace of evidence to support them. But that is not the case anymore. Congress grew critical of such affirmances which ignored conflicting evidence and, in turn, brought about harsh criticism of the courts for such decisions on the ground that cases were affirmed merely because the appellate court could find evidence in the record which,…