Ann Hansen v. Patricia Roberts Harris, Secretary of Health, Education and Welfare

I concur fully in Judge Oakes’ opinion for this Court. I write only to emphasize the importance of that opinion’s substantive-procedural distinction as both the explanatory and the limiting principle for our decision upholding estoppel against the Government. Judge Friendly’s vigorous dissenting opinion concludes that the case law has generally opposed estoppel of the Government, and that the substance-procedure distinction cannot be maintained in this context. My review of the authorities persuades me that estoppel of the Government enjoys considerable support and that the…