United States Department of Labor v. Triplett/Concurrence Stevens

Justice STEVENS, concurring.

The Government unquestionably has a legitimate interest in preventing lawyers from overcharging program beneficiaries. It may, therefore, enforce regulations prohibiting unreasonable fees. For the reasons stated in my dissent in Walters v. National Assn. of Radiation Survivors, 473 U.S. 305, 358-372, 105 S.Ct. 3180, 3208-3216, 87 L.Ed.2d 220 (1985), however, I remain convinced that such regulation may not be so pervasive as to deny the individual the right to consult and retain independent counsel. In this action I agree with the Court that respondent Triplett has failed to prove that the regulations have this effect.

With regard to my colleagues' comments on ASARCO Inc. v. Kadish, 490 U.S. 605, 109 S.Ct. 2037, 104 L.Ed.2d 696 (1989), I add this observation. In that case we carefully considered the question "whether, under federal standards, the case was nonjusticiable at its outset because the original plaintiffs lacked standing to sue," id., 490 U.S., at 612, 109 S.Ct., at 2043; only thereafter did we address the separate question whether, in the circumstances of that case, the entry of a state-court judgment that caused concrete injury to the parties made it appropriate to examine justiciability at a later stage in the proceedings. It is entirely appropriate for the Court to follow the same procedure in this action.

Accordingly, I join the Court's opinion and judgment.