Bowen v American Hospital Association: Dissent #2

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Syllabus | Opinion | Concur | Dissent #1 | Dissent #2
Justice O'CONNOR, dissenting.

I fully agree with Justice WHITE's conclusion that the only question properly before us is whether the Court of Appeals correctly concluded that the Secretary has no power under 29 U.S.C. 794 to regulate medical treatment decisions concerning handicapped newborn infants. I also agree that application of established principles of statutory construction and of the appropriate standard for judicial review of agency action leads inescapably to the conclusion that the Secretary has the authority to regulate in this area. Because, however, I see no need at this juncture to address the details of the regulations or to assess whether they are sufficiently rational to survive review under 6 U.S.C. 706(2)(A), I join only parts I, II, IV, and V of Justice WHITE's dissent.


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Posted 9 Sep 2000.

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