Board of Registration Commissioners v. Hallahan

Although I am unable to agree with the majority opinion, it would appear that the result reached will please most people directly affected by the decision. I fear, however, that such transient satisfaction is achieved for a price that is excessive. I therefore feel compelled to respectfully dissent.

The majority opinion undertakes to be an example of legal realism but what is realistic depends upon the eye of the beholder.

The basic premise of the majority opinion is that the extraneous circumstances must control. There is a significant reluctance to discuss what the controlling statute says. I…