Ernest N. Morial v. Judiciary Commission of the State of Louisiana

With the greatest respect for the en banc decision, I feel compelled to dissent. Seldom has this Court been presented with issues more complex and important than the ones before us today. In his usual scholarly fashion, Judge Goldberg has astutely illustrated that the law which we are to apply is in a state of flux, and that reconciling the plethora of cases in this field is near to impossible. For that reason alone, it is difficult for me to quarrel with whether or not the tests which he proposes should govern the issues before us. A review of the relevant case law has brought to my…