While we respect the views expressed in JUSTICE MARSHALL's
concurring opinion concerning prosecutorial and judicial enforcement of our holding today, we do not share them.
Not exact matches
Judge Kovler expressed
concern in his
concurring opinion in Refah,
Justice Fischer also wrote a
concurring opinion where he addressed potential
concerns that the decision could deprive some parties of an adequate legal remedy when concealment or interference is discovered after a case has concluded.
Note also that three Justices wrote
concurring opinions expressing
concern that other Supreme Court precedent requires courts to give a high degree of deference to a federal agency's interpretations.
In a
concurring opinion, Justice Malcolm Rowe was
concerned, at paras. 85 - 6, that «the police can in effect sidestep the requirements of Part VI by obtaining a production order immediately after the messages are sent.»
I also observed the
concerns set out by a string of
concurring opinions in the Supreme Court of Canada which caution against a blanket presumption of deference towards statutory interpretation by administrative tribunals of their home legislation and assert the need for deference to rest on a more principled foundation like demonstrated expertise or familiarity of the tribunal with that legislation.
Justice Kennedy added a
concurring opinion in which he joined the Court's
opinion in full, but also took the opportunity express his
concern about the broad scope of the definition of regulated «waters of the United States,» as applied by the Government.