[Wasanother]

MR. JUSTICE HARLAN, concurring
"It will be time enough to consider any such exceptions when an appropriate occasion presents itself, and I agree with the Court that this is not one."

[ndt]

"MR. JUSTICE HARLAN, concurring ..."

Many of the citations the DOJ uses as justification, are not court decisions, but are consenting and dissenting opinions of the justices. These opinions are things that are taken into account by latter judges, but are not binding. Including the two citations we have mentioned so far.