Rubinstein v. Brownell, Attorney General of United States

(dissenting)’.

The majority opinion holds that upon the present record the Attorney General has no authority to arrest Rubinstein while judicial review is pending and that an arrest would be a clear abuse of discretion. They conclude that the “question of detention must be decided in accordance with the principles applicable in habeas corpus proceedings.” They remand the case for further proceedings, with directions to issue a preliminary injunction against the arrest of Rubinstein unless adequate reasons are shown.

It seems to me confusing, if not misleading, to involve the question of a…