“It seems beyond question that a district court may not compel the violation of an express congressional prohibition.”
How later courts described this case
- “It seems beyond question that a district court may not compel the violation of an express congressional prohibition.”
- violation of statute and Fourth’ Amendment
Written by the judges who cited it.
The opinion
FORMAN, Circuit Judge
(dissenting).
I was a member of the panel that heard argument in the above-named ease on January 29, 1971, the reargument before the court en banc on April 5, 1971, and participated in the conference thereafter. Subsequently I was deterred by illness from filing an opinion therein. Pursuant to the court’s gracious reservation of the opportunity for me to express my decision after the filing of its opinion on May 28, 1971, I desire to join in the dissenting opinion of Judge Gibbons.