James H. Floyd v. Robert H. Finch, Secretary of Health, Education and Welfare

The majority opinion states that the District Court “found substantial evidence to support the factual findings of the Secretary and granted summary judgment,” and that his “findings of fact, if supported by substantial evidence, are conclusive,” and sustained such judgment.

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…