Petition of University Hospitals Authority

Although I concur in today’s judgment, I write separately to explain the critical steps that guide my analysis of this case.(1) Judicial scrutiny of the Transaction at hand is confined by law to a search for infirmities recognized in the legal system. The range of policy choices and of considerations that would accommodate, or even command, managerial or economic preferences (éither of short- or of long-term character) may not enter into the court’s decisional *322process. These concerns lie exclusively within the domain of executive or legislative action.1(2) The activities that by the terms of…