North Georgia Finishing, Inc. v. Di-Chem, Inc.

I join in the Court’s judgment, but I cannot concur in the opinion as I think it sweeps more broadly than is necessary and appears to resuscitate Fuentes v. Shevin, 407 U. S. 67 (1972). Only last term in Mitchell v. W. T. Grant, Co. 416 U. S. 600 (1974), the Court significantly narrowed the precedential scope of Fuentes. In my concurrence in Mitchell, I noted:

“The Court’s decision today withdraws significantly from the full reach of [Fuentes’] principle, and to this extent I think it fair to say that the Fuentes opinion is overruled.” 416 U. S., at 623 (Powell, J., concurring).

Three…