Federal Trade Commission v. Texaco, Inc. (393 U.S. 223)/Concurrence Harlan

by John Marshall Harlan II

United States Supreme Court

393 U.S. 223

Federal Trade Commission  v.  Texaco, Inc.

 Argued: Nov. 13, 1968. --- Decided: Dec 16, 1968

Mr. Justice HARLAN, concurring.

I join the Court's opinion, with the following statement. To the extent that my action in joining today's opinion is inconsistent with my action in joining my brother Setwart's dissent in Atlantic Refining Co. v. FTC, 381 U.S. 357, 377, 85 S.Ct. 1498, 1510, 14 L.Ed.2d 443 (1965), candor compels me to say that further reflection has convinced me that the portions of the Commission's order which the Court today sustains were within the authority granted to the Commission under § 5 of the Federal Trade Commission Act.

Mr. Justice STEWART, dissenting.

Notes