United States v. Loew's Incorporated/Dissent Harlan

by John Marshall Harlan II

United States Supreme Court

371 U.S. 38

United States  v.  Loew's Incorporated

 Argued: Oct. 16, 1962. --- Decided: Nov 5, 1962

Mr. Justice HARLAN, with whom Mr. Justice STEWART joins, concurring in part and dissenting in part.

I agree with and join in Parts I and II of the Court's opinion, relating to No. 43 and No. 44, respectively. As to Part III, relating to No. 42, I dissent. My disagreement goes not so much to the particular additional relief granted, but to the fact that the Court has deemed it appropriate to concern itself at all with such comparatively trivial remedial glosses upon the District Court's decree.

I think it distorts the proper relationship of this Court to the lower federal courts, whose assessment of a particular situation is bound to be more informed than ours, for us to exercise revisory power over the terms of antitrust relief, except in instances where things have manifestly gone awry. This is not such a case, as the meticulous handling of it by the District Court abundantly shows. In my view its decree should be left undisturbed.

Notes