Legal Opinion · Concurring in part, dissenting in part
Walter Briehl v. John Foster Dulles, Secretary of State
Court of Appeals for the D.C. Circuit
Decided June 27, 1957No. 13317Published
1Concurring in part, dissenting in part
BAZELON, Circuit Judge,
with whom
EDGERTON, Chief Judge,
concurs (dissenting) .
The Secretary of State says his regulations, pursuant to which he denies passports to persons who “support the Communist movement,” are a valid exercise of discretion delegated to him by the President. I think they are invalid because (1) the President did not undertake to delegate the discretion the Secretary claims and (2) the President himself did not have this discretion.
For many years the Secretary of State has claimed an unlimited discretion to deny passports.1 During the greater part of our history, when a…
2Cases cited57 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952
- Near v. Minnesota Ex Rel. OlsonSupreme Court of the United States · 1931
- Thomas v. CollinsSupreme Court of the United States · 1945
- Dennis v. United StatesSupreme Court of the United States · 1951
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