Summers v. Thompson

I do not disagree with either the result or the construction of the statutes in the majority opinion; however, I cannot agree that the result reached by the Court should be announced in a constitutional vacuum and thus write separately to make explicit my views of the constitutional rule implicit in the holding of the majority. While I am of the opinion that the proper construction of these statutes justifies the result reached, that construction of itself is an inadequate explanation of the result without also stating the constitutional basis for the ruling in this case. A fully reasoned…