Mead v. Arnell

I

INTRODUCTION.

I find much in the opinion of the Court with which I can agree. However, in certain crucial areas, I must depart from what the majority has said.

The majority opinion admirably expresses the principle of separation of powers among the three departments of our state government. It also correctly points out that this Court has jurisdiction to consider the issue presented to us by the Board of Health and Welfare. Nor do I quarrel with the characterization of the rules of state agencies as not being equivalent to statutory law. (Throughout I will use the term “rule” in the sense used…