American Airways Charters, Inc. v. Donald Regan, Secretary of the Treasury

In my opinion, this case should be remanded to the district court to determine whether or not a case or controversy exists. That court has not been allowed to evaluate the latest developments in the case, and should be permitted to consider, in the first instance, a variety of issues which are far from clear on this record and which undermine the majority’s attempt to reach the merits of the case. I do not join the majority’s opinion, which relies on a record that contains far more questions than answers and which signficantly impairs the ability of the Government to supervise and control the…