Dissent
Justice Stevens dissented, noting that each plaintiff had asked the Court of Appeals to exercise administrative discretion by waiving the requirements, but neither plaintiff had actually sought review of the rule of law itself. Although Feldman had suggested that the rule was in violation of the law, he had not asked for the Court of Appeals to rule that it was, but had merely indicated a challenge that he might bring in the federal district court.
Read more about this topic: District Of Columbia Court Of Appeals V. Feldman
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