walters nat assn radiation survivors argued march decided june title limits fee may paid attorney agent represents veteran seeking benefits veterans administration va death disability appellees two veterans organizations three individual veterans veteran widow brought action federal district claiming fee limitation denied realistic opportunity obtain legal representation presenting claims va hence violated rights due process clause fifth amendment first amendment district agreed entered nationwide preliminary injunction barring appellants enforcing fee limitation held jurisdiction appeal grants jurisdiction appeal interlocutory final judgment decree order holding act congress unconstitutional civil action agencies officer employee thereof officer employee party mclucas dechamplain injunction issue creates precisely problem addressed directly review decisions involving exercise judicial power impair enforcement act congress constitutional grounds decision effects beyond controversy since enjoins operation fee limitation constitutional grounds across country circumstances whether injunction framed holding unconstitutionality irrelevant long enjoined statute operation pp fee limitation provision violate due process clause fifth amendment pp invalidation fee limitation frustrate congress principal goal wanting veteran get entirety benefits award without divide attorney invalidation also complicate process congress wished informal nonadversarial possible pp take extraordinarily strong showing probability error va present benefits claim procedures probability presence attorneys sharply diminish possibility warrant holding fee limitation denies claimants due process law showing made record district case light government interests stake evidence district success rates claims handled without lawyers shows great disparity warrant inference fee limitation violates due process clause fifth amendment evidence regarding complex cases falls far short kind warrant upsetting congress judgment present system manner wished claims veterans benefits adjudicated pp fee limitation violate appellees first amendment rights appellees first amendment arguments inseparable due process claim focused question whether present process allows claimant make meaningful presentation pp rehnquist delivered opinion burger white blackmun powell joined filed concurring opinion blackmun joined post brennan filed dissenting opinion marshall joined post stevens filed dissenting opinion brennan marshall joined post mark levy argued cause appellants briefs solicitor general lee acting assistant attorney general willard deputy solicitor general geller william kanter gordon erspamer argued cause filed brief appellees national association radiation survivors et al robert gnaizda filed brief appellee american forum joseph zengerle filed brief disabled american veterans amicus curiae urging reversal briefs amici curiae urging affirmance filed american civil liberties union foundation et al burt neuborne charles sims alan schlosser amitai schwartz american veterans committee michael beasley allan kamerow lawrence lewy irving panzer federal bar association alfred belcuore lawyers club san francisco jerome sapiro fred altshuler national association atomic veterans walter allan karen wegner debra keil vietnam veterans america mary baluss samuel sipe david addlestone barton stichman andrew groza james joseph lynch justice rehnquist delivered opinion title limits fee may paid attorney agent represents veteran seeking benefits death disability district northern district california held limit violates due process clause fifth amendment first amendment denies veterans survivors opportunity retain counsel choice pursuing claims noted probable jurisdiction government appeal reverse congress statute established administrative system granting death disability benefits veterans see et seq amount benefit award based upon need upon service connection whether disability causally related injury sustained service degree incapacity caused disability detailed system established statute veterans administration va regulation determining veteran entitlement final authority resting administrative body known board veterans appeals bva judicial review va decisions precluded statute johnson robison controversy case centers opportunity benefit applicant recipient obtain legal counsel aid presentation claim va section title provides administrator shall determine pay fees agents attorneys recognized section allowed claims monetary benefits laws administered veterans administration fees shall exceed respect one claim appellees two veterans organizations three individual veterans veteran widow two veterans organizations national association radiation survivors organization principally concerned obtaining compensation members injuries resulting atomic bomb tests swords plowshares veterans rights organization organization particularly devoted concerns vietnam veterans complaint contains allegation respect numbers members either organization veteran claimants appellees seek class certification appellees contended district fee limitation provision denied realistic opportunity obtain legal representation presenting claims va hence violated rights due process clause fifth amendment first amendment district agreed appellees grounds entered nationwide preliminary injunction barring appellants enforcing fee limitation supp understand fully posture case reaches us necessary discuss administrative scheme detail congress began providing veterans pensions early every conflict nation involved congress words abraham lincoln provided borne battle widow orphan va created congress since time responsible administering congressional program veterans benefits year covered report legal services corporation congress introduced evidence district approximately claims disability death pensions decided regional offices slightly half claims disability death remainder pension claims total claims allowed denied thousand denials contested regional level quarter contests dropped prevailed reconsideration local level remaining appealed bva level prevailed another remand proceedings although figures statistics evidence indicate figures remain fairly constant year year might expected system processes large number claims year process prescribed congress obtaining disability benefits contemplate adversary mode dispute resolution utilized courts country commenced submission claim form local veterans agency form provided va either upon request upon receipt notice death veteran upon application claim generally first reviewed rating board va regional office consisting medical specialist legal specialist occupational specialist claimant entitled hearing time issue involved claim cfr proceedings front rating board ex parte nature government official appears opposition principal issues extent claimant disability whether service connected board required regulation assist claimant developing facts pertinent claim consider evidence offered claimant see deciding claim board generally request applicant armed service medical records order medical examination va hospital moreover board directed regulation resolve reasonable doubts favor claimant reviewing evidence board renders decision either denying claim assigning disability rating pursuant detailed regulations developed assessing various disabilities money benefits calculated based rating claimant notified board decision reasons claimant may initiate appeal filing notice disagreement local agency local agency adheres original decision must provide claimant statement case written description facts applicable law upon board based determination claimant may adequately present appeal bva hearings front bva subject rules local agency hearings ex parte formal questioning formal rules evidence apply cfr bva decision subject judicial review process designed function throughout high degree informality solicitude claimant statute limitations denial benefits formal res judicata effect claimant may resubmit long presents new facts previously forwarded see cfr although time limits submitting notice disagreement although claimant may prejudice opportunity challenge factual legal decisions failing challenge notice time limit quite liberal one year va boards instructed read submission light favorable claimant see cfr perhaps importantly present purposes however various veterans organizations across country make available trained service agents free charge assist claimants developing presenting claims service representatives contemplated va statute recognized important part administrative scheme appellees counsel agreed argument representative available claimant requests one regardless claimant affiliation particular veterans group support claim present statutory administrative scheme violates constitution appellees submitted affidavits declarations rejected claimants recipients practicing attorneys depositions several va employees various exhibits district held hearing issued opinion order granting requested preliminary injunction respect merits appellees due process claim district first determined recipients death disability benefits possess property interests protected due process clause see mathews eldridge recipients social security benefits possess protected property interest also held applicants benefits possess interest although noting never ruled latter question relied several opinions appeals ninth circuit holding respect similar government benefits applicants possess interest see ressler pierce applicants federal rent subsidies held appellees strong likelihood showing administrative scheme violated due process rights entitled benefits holding process described fundamentally unfair relied analysis developed mathews eldridge supra stated factors must weighed determining process due individual subject deprivation first private interest affected official action second risk erroneous deprivation interest procedures used probable value additional substitute procedural safeguards finally government interest including function involved fiscal administrative burdens additional substitute procedural requirement entail respect whether present process alleviated problems found neither va officials service organizations providing full array services paid attorneys might make available claimants even assuming va personnel willing go way claimant point fully accept found event va resources permit substantial investments time necessary va seek independent testimony might establish service connection independent medical examinations respect disability reaching conclusions relied heavily problems presented described complex cases class cases also focused depositions though never expressly defined district cases apparently include disability slow developing therefore difficult find service connected claims associated exposure radiation harmful chemicals well cases identified deponents involving difficult matters medical judgment nowhere opinion district estimate percentage annual va caseload cases comprise precise description class question named plaintiffs plaintiff veteran widow asserted claims addition declarations record claimants asserting claims evidence contained record however suggests sum total claims extremely small example roughly bva caseload consisted agent orange radiation claims evidence suggests percentage claims regional offices even less perhaps little respect service representatives found representation unsatisfactory although admitting due lack dedication found heavy caseload lack legal training combined prevent service representatives adequately researching claim facts developed standard practice service organization representatives submit merely one two page handwritten brief based inability va service organizations provide full range services retained attorney might concluded appellees demonstrated high risk erroneous deprivation process administered ibid found government failed demonstrate suffer harm statutory fee limitation lifted government interest suggested paternalistic assertion fee limitation necessary ensure claimants turn substantial portions benefits unscrupulous lawyers suggested less drastic means confront problem finally agreed appellees substantial likelihood fee limitation also violates first amendment relied decisions mine workers illinois bar railroad trainmen virginia ex rel virginia state bar establishing principle first amendment rights petition association speech protect efforts organizations individuals obtain effective legal representation constituents right adequate legal representation meaningful access courts found infringed fee limitation without substantial justification government reiterating government failure proof respect likely harms arising away fee limitation entered preliminary injunction enjoining government appellants enforcing attempting enforce way provisions injunction limited particular plaintiffs limited claims processed district northern california sits ii proceeding merits must deal significant question jurisdiction one raised appellees appeal taken grants jurisdiction interlocutory final judgment decree order holding act congress unconstitutional civil action agencies officer employee thereof officer employee party interlocutory decree civil action officer party question whether district decision holds act congress unconstitutional problem course given opinion order cast terms preliminary injunction high likelihood success merits appellees claims specifically state fee limitation provision unconstitutional write clean slate mclucas dechamplain similarly entertained appeal order granted preliminary injunction process held act congress unconstitutional holding jurisdiction noted section constitutes exception policy minimizing mandatory docket went state might argued deciding issue preliminary injunction district made interlocutory determination appellee probability success merits finally hold article unconstitutional terms however applies interlocutory well final judgments decrees orders previously found section properly invoked made interlocutory determination unconstitutionality least determination forms necessary predicate grant denial preliminary equitable relief indeed note problem raised statute use word holding may event bit red herring original form provided appellate jurisdiction decisions constitutionality act congress see act ch stat although language changed provision codified grants jurisdiction decision holding act congress unconstitutional change effected without substantive comment absent comment generally held change codification intended alter statute scope see muniz hoffman fair reading decision issue conclude constitutionality loath read unheralded change phraseology divest us jurisdiction finally acceptance appellate jurisdiction case accord purpose statutory grant last term heckler edwards discussed legislative history noted enacting congress sought identify category important decisions adverse constitutionality act congress decisions agent party implications beyond controversy provide expeditious means ensuring certainty uniformity enforcement act establishing direct review decisions edwards teaches decisions congress targeted appeal involved exercise judicial power impair enforcement act congress constitutional grounds constitutional question congress wished decide pointed mclucas contemplates impairment arise interlocutory decrees original statute provided appeal decisions proceedings cf goldstein cox authorizes direct appeals preliminary injunctions issued courts single district judge interlocutory decision constitutional grounds act congress enforced frustrates congress short run surely final decision effect congress gave government right immediate appeal situation district injunctions reviewed upheld continue effect cf edwards supra injunction issue creates precisely problem addressed inasmuch enjoins operation fee limitation constitutional grounds across country circumstances thus whether injunction framed holding unconstitutionality believe jurisdiction iii judging constitutionality act congress properly considered gravest delicate duty called upon perform rostker goldberg quoting blodgett holden holmes begin analysis less deference customarily must pay duly enacted carefully considered decision coequal representative branch government indeed one might think anything deference called statute question relevant purposes books years cf mcculloch maryland wheat deference congressional judgment must afforded even though claim statute congress enacted effects denial procedural due process guaranteed fifth amendment schweiker mcclure mathews eldridge think district went seriously awry assessing constitutionality appellees first claim accepted district statutory fee limitation bears administrative scheme operation deprives rejected claimant recipient life liberty property without due process law amdt depriving representation expert legal counsel decisions establish due process flexible concept processes required clause respect termination protected interest vary depending upon importance attached interest particular circumstances deprivation may occur see mathews supra morrissey brewer defining process necessary ensure fundamental fairness recognized clause require procedures used guard erroneous deprivation comprehensive preclude possibility error mackey montrym addition emphasized marginal gains affording additional procedural safeguard often may outweighed societal cost providing safeguard see mathews general principles reflected test set mathews test district purported follow requires consider private interest affected official action risk erroneous deprivation interest procedures used probable value additional substitute procedural safeguards government interest adhering existing system applying test must keep mind addition deference owed congress fact nature due process inquiry indicates fundamental fairness particular procedure turn result obtained individual case rather procedural due process rules shaped risk error inherent process applied generality cases rare exceptions see also parham government interest articulated congressional debates since fee limitation first enacted civil war system administering benefits managed sufficiently informal way need employment attorney obtain benefits claimant entitled claimant receive entirety award without divide lawyer see hall purpose reinforced similar absolute prohibition compensation service organization representative congress recently considered proposals modify fee limitation respects senate committee report highlighted body concern changes relating attorneys fees made carefully induce unnecessary retention attorneys va claimants disrupt unnecessarily effective network nonattorney resources evolved absence significant attorney involvement va claims matters although report professed senate belief original stated interest protecting veterans unscrupulous lawyers longer tenable senate nevertheless concluded fee limitation limited exception remain effect order protect claimants benefits unnecessarily diverted lawyers face congressional commitment fee limitation century district say respect governmental interest government neither argued shown lifting fee limit harm government way except paternalistic protector claimants supposed best interests extent paternalistic role valid less drastic means available ensure attorneys fees deplete veterans death disability benefits little doubt invalidation fee limitation seriously frustrate congressional purpose enacting attorneys freely employable claimants veterans benefits claimant result end paying part award equivalent attorney consequence striking fee limitation deleterious congressional plan necessary concomitant congress desire veteran need representative assist making claim system informal nonadversarial possible say complicated factual inquiries may rendered simple expedient informality surely congress desired proceedings informal nonadversarial possible regular introduction lawyers proceedings quite unlikely goal describing prospective impact lawyers probation revocation proceedings said gagnon scarpelli introduction counsel revocation proceeding alter significantly nature proceeding counsel provided probationer parolee state turn normally provide counsel lawyers training disposition advocates bound professional duty present available evidence arguments support clients positions contest vigor adverse evidence views role hearing body may become akin judge trial less attuned rehabilitative needs individual certainly decisionmaking process prolonged financial cost state appointed counsel longer record possibility judicial review insubstantial knowledgeable thoughtful observers made point language sure counsel often perform useful functions even welfare cases instances mass justice may bring facts ignored unknown authorities help work satisfactory compromises one side coin adversary system role counsel make sure truth ascertained advance client cause ethical means within limits professional propriety causing delay sowing confusion right may duty appearance counsel citizen likely lead government provide one least cause government representative act like one result may turn might short conference leading amicable result protracted controversy problems concerning counsel confrontation inevitably bring question whether better abandon adversary system certain areas mass justice experiment sharp break tradition adversary process tradition come serious general challenge thoughtful distinguished judge formulated situation many thousands hearings must provided month friendly kind hearing rev accordingly conclude mathews eldridge analysis great weight must accorded government interest stake flexibility approach due process cases intended part allow room forms dispute resolution respect individual interests stake legislatures allowed considerable leeway formulate processes without forced conform rigid constitutional code procedural necessities see parham take extraordinarily strong showing probability error present system probability presence attorneys sharply diminish possibility warrant holding fee limitation denies claimants due process law hesitation deciding showing made record district indicated statistics set earlier opinion half claims processed annually va result benefit awards regional level additional claims succeed request reconsideration regional level appealed bva approximately succeed bva simply possible determine record whether claims named plaintiffs declarants parties action wrongfully rejected regional level bva possible quantify erroneous deprivations among general class rejected claimants one regards decision bva correct result every case follows regional determination claimant wrong cases reversed board passing problems quantifying likelihood erroneous deprivation however mathews must also ask value proposed additional procedure may reducing error case fortunate statistics bear directly question statistics addressed district unchallenged statistics chronicle success rates bva depending type representation claimant summarized following figures taken record app ultimate success rates board veterans appeals mode representation american legion american red cross disabled american veterans veterans foreign wars nonattorney representation think district analysis issue totally unconvincing quite lacking deference shown federal evaluating constitutionality act congress serious doubt whether competent lawyer taking veteran case pro bono basis give less best effort see reason experience developing facts causation numerous areas law relevant readily transferable proceedings va think lawyers success rates proceedings military boards upgrade discharges proceedings even conducted va military boards uniformed services preferred bva statistics show reliable success mode representation type proceeding litigation devoted district also concluded apparently independently analysis claim statistics va processes procedurally factually legally complex va system presently work designed particularly terms representation afforded va personnel service representatives representatives unable perform services might performed claimant paid attorney unfortunately findings complexity based almost entirely description plan administering benefits abstract together references complex cases involving exposure radiation agent orange stress syndrome attempt state even approximately often procedural substantive complexities arise case even unusual case va procedures cited permit claimant prejudice rights failing respond timely manner agency notice denial initial claim despite possibility nothing district opinion indicating procedural requirements led unintended forfeiture part diligent claimant face procedures process described district seem burdensome one year judgment ample time allow claimant respond notice requesting response addition va required read submission light favorable claimant service representatives available see various procedural steps complied may service representative district hypothesized provide services lawyer evidence record provide advice time limits district opinion similarly short definition quantification complex cases term understood include cases claimant asserts injury exposure radiation agent orange approximately claims regional level appeals bva involve claims appear claims complex fair definition term least agent orange cases radiation cases example disposed medical examination reveals disability evidence appear record indicates great majority claims involve simple questions fact medical questions relating degree claimant disability record also indicates rare case turns question law undoubtedly complex cases pending va undoubtedly tiny fraction total cases pending neither district opinion matter record attention directed tells us district treatment likely usefulness attorneys plane efforts quantify likelihood error present system several times opinion lawyers provide services claimants presently receive fact may freely conceded suggest availability services reduce likelihood error case simple factual questions capable resolution nonadversarial context less crystal clear lawyers must available identify possible errors medical judgment cf parham availability particular lawyers services complex cases might factor preventing error cases record simply know cases defined percentage cases va make even showing district much favorable appellees still confront constitutional hurdle posed principle enunciated cases mathews effect process must judged generality cases applies therefore process sufficient large majority group claims constitutional definition sufficient appellees failed make difficult factual showing necessary reliable evidence district showed claimants represented lawyers slightly better success rate bva claimants represented service representatives slightly better success rate claimants represented evidence also showed may complex issues causation comparatively hundreds thousands cases va adequate showing effect availability lawyers proper disposition cases neither difference success rate existence complexity cases sufficient warrant conclusion right retain compensate attorney va cases necessary element procedural fairness fifth amendment previous cases course held constitution permits retention attorney also occasion requires government provide services attorney sixth amendment affords representation counsel criminal proceedings cases gideon wainwright argersinger hamlin held provision requires state prosecuting indigent afford legal representation defense one gainsay criminal proceedings adversarial nature course sixth amendment applies proceedings cases gagnon scarpelli observed counsel aid identifying legal questions presenting arguments one charged probation violation may right counsel liberty interest involved also concluded weighing mathews factors right appointed counsel case involving threatened termination parental rights depends upon circumstances particular case see lassiter department social services durham county three dissenters thought balancing required appointment counsel cases blackmun joined brennan marshall dissenting interest protected due process clause property interest continued receipt government benefits interest conferred terminated nonadversary proceeding precedents tangential relevance appellees rely goldberg kelly held welfare recipient subject possible termination benefits entitled represented attorney said counsel help delineate issues present factual contentions orderly manner conduct generally safeguard interests recipient defining process required also observed crucial factor context termination aid pending resolution controversy eligibility may deprive eligible recipient means live waits need concentrate upon finding means daily subsistence turn adversely affects ability seek redress welfare bureaucracy emphasis original think benefits stake va proceedings granted basis need akin social security benefits involved mathews welfare payments upon recipients goldberg depended daily subsistence factor dispositive mathews determination evidentiary hearing required prior temporary deprivation benefits think determinative right employ counsel indeed appears stated policy part new york goldberg permitting applicant divide welfare check attorney represented proceeding procedures simply prohibited personal appearance recipient without counsel regardless whether counsel compensated reaching conclusion relied agency regulations allowing recipients represented counsel circumstances case distinguishable prior decisions process designed operate adversarially counsel may well needed respond opposing counsel forms adversary proceeding adversary appears addition claimant recipient provided substitute safeguards competent representative whose duty aid claimant significant concessions respect claimant burden proof need counsel considerably diminished expressed similar concerns cases holding counsel required various proceedings approximate trials instead informal nonadversary see parham goss lopez wolff mcdonnell thus none cases dealing constitutionally required representation counsel requires conclusion reached district especially light government interests stake evidence adduced district success rates claims handled without lawyers shows great disparity warrant inference congressional fee limitation consideration violates due process clause fifth amendment evidence pointed record regarding complex cases falls far short kind warrant upsetting congress judgment manner wishes claims veterans benefits adjudicated schweiker mcclure mathews district abused discretion holding otherwise iv finally must address appellees suggestion fee limitation violates first amendment rights appellees claim cases mine workers illinois state bar railroad trainmen virginia ex rel virginia state bar establish individuals organizations right ensure meaningful access courts members district correct holding right violated fee limitation numerous conceptual difficulties extending cited cases cover situation example cases involved rights unions union members retain recommend counsel proceedings counsel allowed appear first amendment interest stake primarily right associate collectively common good contrast asserted first amendment interest primarily individual interest best prosecuting claim limitation challenged applies individuals organizations alike passing problems appellees first amendment arguments base really inseparable due process claims thrust denied meaningful access courts present claims must based notion va claimants presently allowed speak someone speak also first amendment right pay surrogate speaker beyond questionable proposition however even framed appellees argument recognizes first amendment interest attach absence meaningful alternative foregoing analysis appellees due process claim focused substantially question whether process allows claimant make meaningful presentation concluded appellees opportunity present claims process significant government interests favored limitation speech appellees attack circumstances appellees first amendment claim independent significance decision district accordingly reversed footnotes title cfr defined consistently applied policy veterans administration administer law broad interpretation consistent however facts shown every case careful consideration procurable assembled data reasonable doubt arises regarding service origin degree disability point doubt resolved favor claimant reasonable doubt meant one exists reason fact evidence satisfactorily prove disprove claim yet substantial doubt one within range probability distinguished pure speculation remote possibility means reconciling actual conflict contradiction evidence claimant required submit evidence sufficient justify belief fair impartial mind claim well grounded mere suspicion doubt truth statements submitted distinguished impeachment contradiction evidence known facts justifiable basis denying application reasonable doubt doctrine entire complete record otherwise warrants involving doctrine reasonable doubt doctrine also applicable even absence official records particularly basic incident allegedly arose combat similarly strenuous conditions consistent probable results known hardships despite general preclusion judicial review respect va benefits claims held johnson robison district courts jurisdiction entertain constitutional attacks operation claims systems va statistics show claimants represented service representatives proceed pro se represented lawyers app counsel agreed argument proceed pro se choice district rejected appellants argument question presented controlled summary affirmance gendron saxbe supp dc cal summarily aff sub nom gendron levi noted probable jurisdiction heard oral argument order decide case merits need us determine whether district properly distinguished gendron district opinion questioned extent possible serve interests va claimants simultaneously suggested conflict va personnel might feel pressure protect government purse indication bias record quite contrary willing accept administrative adjudicators presumptively subject bias act ch stat provided suit proceeding agency thereof officer employee thereof officer employee party intervened become party decision constitutionality act congress appeal may taken directly party district held applicants benefits less persons already receiving legitimate claim entitlement benefits met statutory qualifications noted never held although held person receiving benefits property interest continued receipt see atkins parker mathews eldridge since least one claimants alleged diminution benefits already received however must event decide whether due process circumstances includes right represented employed counsel light decision question infra need presently define class entitled process requested see friendly kind hearing rev realized procedural requirements entail expenditure limited resources point benefit individuals additional safeguard substantially outweighed cost providing protection expense protecting likely found undeserving probably come pockets deserving justice stevens dissent quotes liberally senate committee report post apparently intending suggest committee determined fee limitation longer justified quote taken context quite misleading bill respect report issued provided first time limited judicial review bva decisions end committee determined easing limitation attorneys fees necessary allow claimant pursue effective appeal federal courts proposed bill retained fee limitation va proceedings including first denial claim bva sections report quoted justice stevens committee explained limitation retained protect claimant benefits judicial review contemplated need attorneys finally worth noting event proposed bill died house committee thus never enacted district stated opinion claimants attorneys familiar va system view system adversarial reaching conclusion district referred statements two attorneys two claimants one attorneys admitted practice california take claims va fee limitation familiarity va procedures acquired certified representative va appellee swords ploughshares time law student second attorney admitted practice wisconsin staff member appellee swords ploughshares since representation veterans primarily discharge boards course representation become familiar va rules practices stated regarded va procedures adversarial two claimants testified basis experience one va adversarial va opposed every turn anecdotal evidence may well sufficient support finding judge jury litigation private parties particular fact exist deal massive benefits program provided congress claims per year decided regional offices claims appealed bva simply sort evidence permit conclusion entire system operated contrary governing regulations understanding operation claims process bolstered findings senate committee alluded earlier noted supra committee conducted extensive inquiry process connection several proposed bills provided judicial review bva decisions also withdrawn fee limitation proceedings occurring first denial bva retaining limitation proceedings prior time committee report accompanying bill noted belief claims process presently operates informally nonadversarially evidence claimants satisfied va resolution claims general need attorneys inasmuch applying benefits relatively uncomplicated procedure service organizations afforded high quality representation pp bill unanimously passed senate died house committee leaving present system operation see sess sess congress makes findings essentially factual issues findings course entitled great deal deference inasmuch congress institution better equipped amass evaluate vast amounts data bearing issue see rostker goldberg vance bradley katzenbach mcclung believe record district contradicted findings however need rely determine deference must afforded congressional record mention committee findings entirely consistent understanding record developed district dissent quotes decision fec national conservative political action committee post analysis case answers issues raised one think another proposition obvious seldom need stated explicitly post constitutional analysis regulation restricts core political speech regulation issue fec differ constitutional analysis restriction available resources claimant government benefit proceedings justice justice blackmun joins concurring join opinion judgment agree appellate jurisdiction district abused discretion issuing nationwide preliminary injunction enforcement fee limitation also agree record us insufficient evaluate claims individuals identifiable groups write separately note claims remain open remand grant appellate jurisdiction give license depart established standards appellate review like appellate courts always applied abuse discretion standard review preliminary injunction see doran salem inn explains direct appeal preliminary injunction appropriate rare case district issued nationwide injunction practical effect invalidates federal law circumstances assure expeditious means affirming removing restraint federal government administration law heckler edwards see also nn closely tied need speedily resolve injunctions preventing effectuation acts congress contrary suggestion justice brennan post fully effectuates purpose vacating preliminary injunction district improperly issued since district reach merits cloud constitutionality fee limitation remains today decision greater exists prior judgment merits proceeding questioning statute constitutionality preliminary injunction appropriate demonstrated likelihood success merits doran salem inn supra order justify sort categorical relief district afforded fee limitation must pose risk erroneous deprivation rights generality cases reached injunctive relief cf mathews eldridge given nature typical claim simplified veterans administration procedures record falls short establishing likelihood sweeping facial invalidity ante observes record also short definition quantification complex cases might constitute group respect process provided sufficient large majority ante parham determination process due may var regard group whose situation differs important respects typical veterans benefit claimant parham supra appellees claims however framed class action lower findings relief narrowly drawn reach discrete class complex cases present posture case affords sound basis carving subclass complex claims nature require expert assistance beyond capabilities service representatives assure veterans hearing appropriate nature case boddie connecticut quoting mullane central hanover bank trust ante nevertheless understanding reversing lower preliminary injunction determine merits appellees individual applied claims complaint indicates appellees challenged fee limitation face applied sought ruling entitled rehearing claims processed without assistance attorney app appellee albert maxwell example alleges service representative retired failed notify dropped case maxwell records indicate suffers effects malaria contracted bataan death march well multiple myelomas allegedly result exposure radiation prisoner war detailed remove atomic debris japan maxwell contends claims failed lack expert assistance developing medical historical facts case another example doris wilson widow claims husband cancer contracted exposure atomic testing alleges service representative waived right hearing unprepared represent contends claim failed unable without assistance obtain service records medical information merits claims difficult evaluate record affidavits depositions developed preliminary injunction stage though concludes denial expert representation per se unconstitutional given availability service representatives assist veteran veterans administration boards emphasis nonadversarial procedures remand district free consider individual claims procedures meet standards described opinion parham supra justice brennan justice marshall joins dissenting today concludes mandatory jurisdiction pursuant directly review district entry preliminary injunction restraining government enforcing provisions pending full trial merits appellees contention statutes violate first fifth amendments ante proceeds sustain constitutionality statutes ground process allows claimant make meaningful presentation behalf claim death disability benefits even without assistance attorney ante reached issue feel constrained note strong disagreement merits reasons eloquently set forth justice stevens dissent join write separately however believe exercise appellate jurisdiction case authorized district interlocutory order granting preliminary injunction constitute decision striking challenged statutes constitutional grounds appellate review propriety scope preliminary injunction instead rests initially appeals ninth circuit pursuant review sought petition writ certiorari decision contrary wholly inconsistent purpose history principles respecting interlocutory review preliminary injunctions common sense district hold unconstitutional either face applied instead purposes considering appellees motion pretrial preliminary injunction pursuant rule federal rules civil procedure found appellees demonstrated high likelihood prevailing merits due process first amendment challenges supp nd cal see also weighed potential irreparable injury balance hardships light likelihood success found appellees shown irreparable injury necessary obtain injunctive relief concluded balance hardship also weighs heavily favor accordingly entered broad preliminary injunction restraining enforcement challenged statutes pending trial merits action ibid advised oral argument appellees contemplate extensive discovery full trial underlying first fifth amendment issues tr oral arg contrary assertion much semantic difference finding likelihood success sufficient support preliminary relief final holding merits ante today always recognized district findings likelihood success merits tantamount decisions underlying merits two significantly different university texas camenisch preliminary injunctions granted basis broad balance factors determined procedures less formal evidence less complete trial merits parties accorded neither full opportunity present cases final judicial decision based actual merits controversy emphasis added district orders granting preliminary injunctions may therefore reviewed standard appellate may conclude district preliminary relief sweeps broadly based improper balancing hardships even likelihood success overdrawn see generally doran salem inn brown chote standard appellate courts obviously may intimate view ultimate merits underlying controversy doran salem inn supra brown chote supra several reasons particularly true grave constitutional questions presented records developed cases simply insufficient allow final decision merits matter fairness litigants entitled full evidentiary presentation final decision reached question constitutional law turn disputed fact decisions must initially rendered district factfinder brown chote supra section empower directly police process district courts instead enacted ensure prompt determination last resort disputed questions constitutionality acts congress whether one relies codified language permitting direct appeal decision holding act congress unconstitutional original language statute permitting direct appeal decision constitutionality act congress obvious contemplates fully consummated decision unconstitutionality may carry statutory purpose rendering prompt dispositive determination respecting constitutionality challenged legislation jurisdiction pursuant accordingly proper basis decision fact act congress unconstitutional raines emphasis added likelihood simply equate fact district merely concluded likelihood unconstitutionality sufficient support temporary relief underlying purpose fulfilled faithful precedent resolve ultimate merits underlying constitutional issue doran salem inn brown chote instead consider whether nature scope preliminary relief constituted abuses discretion perhaps disagree district respecting likelihood appellees ultimately prevail opinion questions relating supervision injunctive process subsumed properly left first instance courts appeals argues however explicitly grants jurisdiction interlocutory final judgment unconstitutionality congress surely intended include preliminary injunctions granted likelihood success within scope ante reinforces argument noting interlocutory decisions even cast dispositive terms subject revision entry final judgment ante argument wholly unpersuasive demonstrated large body precedent applying substantial difference interlocutory decisions tentative informal incomplete practical purposes conclusively determine disputed question interlocutory decisions falling within latter category may small set circumstances immediately appealed represent fully consummated decisions matter question capable reviewed dispositively affirmed reversed bare fact every order short final decree theoretically subject reopening discretion district judge insufficient preclude review circumstances instead interlocutory appeals courts appeals pursuant proper consideration disputed issue contemplated district practical matter basis suppose resolution anything less definite disputed decision remains open unfinished inconclusive hand well established may instrusion appeal unresolved issue reasons manifest appellate addressed issue inconclusive posture either render advisory opinion binding effect binding effect intended usurp authority district pass issue first instance appeal gives upper power review one intervention elementary distinction applies direct force appeals pursuant district issues interlocutory order based fully consummated determination federal statute unconstitutional appeal proper constitutional question authoritatively decided dispatch thus fleming rhodes district denied preliminary relief enjoining eviction tenants ground federal statute prohibiting evictions unconstitutional mclucas dechamplain district district columbia preliminary enjoined enforcement statute reliance decision appeals district columbia circuit statute unconstitutional decision noted binding district neither case basis believe interlocutory holding unconstitutionality anything final hand never history assumed jurisdiction district done simply determine likelihood unconstitutionality sufficient support temporary relief pending final decision merits determinations inherently open unfinished inconclusive proper questions immediate appellate consideration whether entry scope preliminary relief abuses discretion review purpose today concedes constitutional question congress wished decide ante emphasis added address constitutional issue circumstances either rendering advisory opinion subject revision district reached merits extent purported pass issue finality exercising forbidden power intervention rather review long recognized intervention barred recognized well contends however district case enjoined challenged statute across country circumstances immediate mandatory appeal therefore accord purpose statutory grant provision expeditious means ensuring certainty uniformity enforcement act ante see also ante concurring congress unquestionably intended provide expeditious means resolving constitutional questions appeal proper questions decided condition met cases may intimate view ultimate merits underlying controversy doran salem inn moreover reasoning sweeps narrowly broadly sweeps narrowly mandatory jurisdiction pursuant confined district decisions striking statutes across country circumstances ante see also ante concurring instead long recognized requires review decisions simply invalidate challenged statutes even applied particular individuals particular circumstances allowing immediate appeal circumstances thought great public interest securing prompt determinations validity lower precedent might binding effect cases beyond one hand district simply granted preliminary injunction matter temporary restraining order barring enforcement statute applied certain individuals precedential effect far obscure orders based balancing equities may well carry situations simply burdensome bear mandatory direct jurisdiction every preliminary injunction temporary restraining order pretrial order cases potentially implicating constitutionality federal statutes might respond appeals context limited preliminary relief nationwide impact bootstrap reasoning without support precedents propriety appeal turns scope potential impact underlying nature district determination reasoning sweeps broadly means expansive reading ensure improvident district injunctions based likelihood success impede effective functioning federal government congress emphasized wift judicial review cases public interest requires means short mandatory appeals jurisdiction pursuant example courts appeals may promptly review district orders granting denying preliminary injunctions courts appeals routinely supervise injunctive process therefore far superior position pass initially questions irreparable injury balance hardships abuse discretion moreover question whether district abused discretion issuing preliminary relief imperative public importance justify deviation normal appellate practice require immediate settlement rule certiorari review obtained appeals renders judgment see hesitated exercise power swift intervention cases extraordinary constitutional moment cases demanding prompt resolution reasons procedure discretion limit immediate review exceptional cases leave initial review matters courts appeals course recognize vital importance time element constitutional challenges involving granting denial interlocutory relief today construction however discretion accordingly respectfully submit expanded mandatory docket matters business resolving first instance one final consideration based history related provisions sheds light fallacy jurisdictional reasoning section originally enacted judiciary act stat section act created district provisions section provided interlocutory permanent injunction suspending restraining enforcement operation execution setting aside whole part act congress cases challenging constitutionality act granted unless presented resolved district section also contained jurisdictional authorization direct review order decree judgment issued granting denying interlocutory permanent injunction case moreover provided single district judge enter temporary stay suspension whole part enforcement challenged statute decision upon application provided applicant made sufficient showing inter alia irreparable loss damage history relevant instant question two respects first held flatly temporary relief granted single district judge pending convening reviewable first instance courts appeals direct appeal see hicks pleasure house per curiam preliminary relief issued pursuant reviewable appeals extent order reviewable made sense channel appeals orders courts appeals channeling appeals identical preliminary orders cases might ultimately fall within first instance second congress repealed specifically considered question best means policing injunctive process constitutional challenges pending decision underlying merits whereas review interlocutory orders cases formerly routed directly see ed congress believed interlocutory review courts appeals pursuant consistent sound judicial administration one concern committee review granting denial stay injunction district committee believes appeals cases clearly vested circuit courts appeal able carefully consider evaluate requests stay cases ample procedures exist act effectively cases see barron holtzoff wright ed ii although deciding direct appeal preliminary injunction proper six members today majority appear sharply divided nature issues us proper scope authority review justice joined justice blackmun eschews attempt resolve underlying merits constitutional challenge properly recognizes merits claims difficult evaluate record affidavits depositions developed preliminary injunction stage improper express views merits appellees challenges ante concurring opinion properly justice purport determine facial validity challenged statutes given district never reached fully consummated determination question instead simply observes record falls short establishing likelihood sweeping facial invalidity ante emphasis added justice accordingly limits analysis application standard governs review orders concluding district abused discretion issuing nationwide preliminary injunction ante although find approach far preferable taken opinion respectfully submit inconsistent two reasons first set forth application standard equitable process granting preliminary relief subsumed properly left courts appeals first instance second approach properly avoiding ultimate resolution facial constitutional challenges slightest way furthered underlying purpose ensuring prompt dispositive resolution merits facial constitutional challenges federal statutes opinion appears take different tack sure notes two three times district simply found likelihood appellees full trial able demonstrate unconstitutionality challenged statutes passing district abused discretion finding ante essence approach repeatedly seeks cast doubt bona fides district entry preliminary relief pursuant rule describing relief quotation marks district really grant preliminary injunction preliminary injunction ante thus suggested matter one semantic making little difference ante proceeds assert repeatedly district actually held limit violates due process clause fifth amendment first amendment ante emphasis added thus mischaracterized district decision purports decide case merits ante bootstrapping way past rule may intimate view ultimate merits cases observing constitutional question congress wished decide ante emphasis added thus paved way consideration constitutional merits proceeds review district holding light record evidence mathews eldridge balancing test focuses mathews factors risk erroneous decision current procedures probable value additional safeguards rummages partially developed record seizes upon scattered evidence introduced government eve hearing evidence never tested trial merits pronounces evidence reliable compelling see ante moreover excoriates appellees district repeatedly failing muster sufficient evidence support holding unconstitutionality appellees made sufficient presentation evidence introduced nothing support holding failed make difficult factual showing necessary support holding unconstitutionality ante conclusion preordained statutes give appellees opportunity present claims process make meaningful presentation without attorney assistance district holding unconstitutionality must therefore reversed ante brand constitutional adjudication extraordinary whereas justice faithfully adheres limited role appellate judges reviewing preliminary injunctions thereby departs purposes opinion seizes upon underlying purposes order evade rule prohibiting appellate courts even purporting intimate view ultimate merits reviewing preliminary injunctions granted likelihood success doran salem inn opinion turns unfortunate aberration threaten fundamental transformation equitable process granting preliminary relief cases challenging constitutionality government action individual litigants seeking relief grounds irreparable injury balancing hardships essentially required confront government hands tied behind backs successfully obtain relief immediately intervene pursuant review holding unconstitutionality make de novo findings selected evidence reliable castigate individuals failing adduce sufficient evidence support merits holding issue ringing proclamation challenged statute constitutional iii believe construed permit direct appeal lower decision represents fully consummated determination act congress unconstitutional permit properly resolve constitutional question merits unlike justice believe requires directly police injunctive process constitutional challenges first instance unlike opinion believe may invoked cases process orderly principled constitutional adjudication accordingly believe vacated judgment remanded district entry fresh decree government take proper appeal order appeals ninth circuit see christian echoes national ministry per curiam decided contrary reached merits join justice stevens dissent title prohibits veteran survivors paying attorney assistance attempting obtain death disability benefits provides attorney receives circumstances shall fined imprisoned hard labor two years noted government submitted absolutely evidentiary support claim potential hardship entry preliminary relief appellees hand pointed number alleged hardships support motion substantial number scddc claimants forced proceed without lawyer pendency litigation go lose abandon claims fee limitation exacts heavy toll terms claimants ability petition redress grievances access fundamental rights free speech association well established loss first amendment freedoms even temporarily constitutes irreparable injury many veterans particularly whose cancer claims arise radiation agent orange exposure maxwell cordray warehime may die prior trial merits veterans instant motion opportunity redress indeed one intended plaintiffs herein charles targett died brain cancer action even filed plaintiffs memorandum points authorities support application preliminary injunction pp nd cal emphasis added preliminary injunction memorandum see also exhibit declaration gordon erspamer attached preliminary injunction memorandum based upon knowledge medical conditions maxwell cordray warehime acquaintance medical records believe regrettably substantial possibility one survive trial district observed oral argument attorneys plaintiffs defendants agreed motion solely preliminary injunctive relief permanent injunctive relief see generally corrick alabama fuel gas public service west virginia robertson kirkham jurisdiction due process balancing inquiry conducted district case pursuant mathews eldridge emphasis added see also conf sess sess remarks floor debate reinforce conclusion intended provide mandatory review underlying constitutional issue properly presented dispositive resolution see cong rec remarks sumners provision enable appeal directly adverse decision question constitutionality remarks brewster provision designed obviate delays courts far determination constitutional questions concerned remarks sumners case come question constitutionality hen question constitutionality act congress raised serious question judgment members committee question presented quickly carried properly remarks mcfarlane provision expedite testing constitutionality acts congress remarks sumners decision adverse constitutionality act question government event may appeal directly order expedite determination constitutional question see also frankfurter fisher business october terms harv rev essence legislation codified ensure speedy test constitutionality federal statute promptly securing final word title provides full party may appeal interlocutory final judgment decree order district district canal zone district guam district virgin islands record puerto rico holding act congress unconstitutional civil action suit proceeding agencies officer employee thereof officer employee party party received notice appeal section shall take subsequent appeal cross appeal appeals cross appeals taken courts prior notice shall treated taken directly judiciary act stat provided full suit proceeding agency thereof officer employee thereof officer employee party intervened become party decision constitutionality act congress appeal may taken directly party suit proceeding upon application therefor notice thereof within thirty days entry final interlocutory judgment decree order event appeal taken appeal party suit proceeding taken previously taken within sixty days notice appeal section shall also treated taken directly event appeal taken section record shall made case docketed within sixty days time appeal allowed rules may prescribed proper courts appeals section shall heard earliest possible time shall take precedence matters like character section shall construed derogation right direct appeal existing provisions law see also heckler edwards mclucas dechamplain christian echoes national ministry per curiam fleming rhodes garment workers donnelly garment cohen beneficial industrial loan coopers lybrand livesay abney wright miller cooper federal practice procedure wright miller cooper moses cone memorial hospital mercury construction see generally firestone tire rubber risjord macdonald eisen carlisle jacquelin cohen beneficial industrial loan ibid see also stack boyle opinion jackson final decision congress made reviewable final judgment always final decision instances final decision final judgment emphasis original similar distinctions evolved concerning scope jurisdiction final judgments decrees pursuant see cox broadcasting cohn construction laborers curry cohen beneficial industrial loan supra congress created exceptional right bypass appeals directly linked right lower invalidation act congress although nature cases controversies judgment may address issue statutory constitutionality issues well attorney fees remedy related claims natural sense jurisdictional provision holding statutory unconstitutionality issues congress wished review first instance direct review linked holding federal statute unconstitutional logical test appeals judgment must brought directly standing alone must follow normal route appellate review whether issue appeal holding statutory unconstitutionality heckler edwards emphasis added cohen beneficial industrial loan supra argues finality issue bit red herring given original version see supra provided jurisdiction decisions constitutionality act congress ny fair reading decision issue conclude constitutionality challenged statutes ante disagree every district order litigation denies motion dismiss summary judgment grants temporary restraining order see infra even allows discovery proceed based substantiality plaintiff claim characterized validity statute sense squarely statute else litigation terminated preliminary injunctions based likelihood success sure represent definite degree doubt respecting statute say order denying summary judgment based genuine issues remaining cf fed rule civ proc differences degree kind decision squarely constitutionality statute constitutional question still open unfinished inconclusive cohen beneficial industrial loan see legislative history discussed supra see eeoc wyoming california grace brethren church lee darusmont per curiam fleming rhodes temporary restraining orders generally granted absent showing reasonable probability eventual success merits although cases degree required probability may vary depending extent irreparable injury balance hardships see wright miller cooper reasoning therefore extends without apparent limitation temporary restraining orders issued litigation challenging constitutionality federal statutes congress enact impact test determining cases come direct review although remedial aspects case important touchstone direct appeal party judgment significance decision exercise judgment discretion grant certiorari civil criminal case well rendition judgment rule congress mandated direct review simply decisions impact rather decisions whose impact predicated upon holding act congress unconstitutional heckler edwards additional reason today jurisdictional decision bring every order granting preliminary relief single cases directly jurisdictional rules must clear cut turn indefinite notions importance impact itigants able apply clear test determine whether exception general rule appellate review must perfect appeal directly report pertained congress repeal district provisions ed discussed infra nn see generally moore lucas sinclair moore federal practice ch wright miller cooper see nixon certiorari granted judgment appeals public importance issues presented need prompt resolution youngstown sheet tube sawyer mine workers ex parte quirin carter carter coal railroad retirement board alton bankers trust decided together norman baltimore ohio aaron cooper see also cooper aaron section provided full interlocutory permanent injunction suspending restraining enforcement operation execution setting aside whole part act congress upon ground part thereof repugnant constitution shall issued granted district judge thereof circuit judge acting district judge unless application shall presented circuit district judge shall heard determined three judges least one shall circuit judge application presented judge shall immediately request senior circuit judge absence presiding circuit judge circuit district located designate two judges participate hearing determining application shall duty senior circuit judge presiding circuit judge case may designate immediately two judges circuit purpose shall duty judges designated participate hearing determination application shall heard determined least five days notice hearing given attorney general persons may defendants suit provided opinion irreparable loss damage result petitioner unless temporary restraining order granted judge application made may grant temporary restraining order time hearing determination application temporary restraining order shall remain force hearing determination upon notice aforesaid temporary restraining order shall contain specific finding based upon evidence submitted making order identified reference thereto irreparable loss damage result petitioner specifying nature loss damage said may time hearing application upon like finding continue temporary stay suspension whole part decision upon application hearing upon application interlocutory permanent injunction shall given precedence shall every way expedited assigned hearing earliest practicable day appeal may taken directly upon application therefore notice thereof within thirty days entry order decree judgment granting denying notice hearing interlocutory permanent injunction case event appeal taken section record shall made case docketed within sixty days time appeal allowed rules may prescribed proper courts appeals section shall heard earliest possible time shall take precedence matters like character section shall construed derogation right direct appeal existing provisions law title derives part portions discussed text provides district judge may grant temporary restraining order pending hearing disposition underlying merits district see pub stat reference barron holtzoff federal practice procedure discusses inter alia standards staying district orders pending appeals congress repealed district requirement cases clearly vested review interlocutory matters cases courts appeals reliance precedent respecting appeals interlocutory orders obviously misplaced see ante citing goldstein cox read various opinions case correctly appears majority justices blackmun concurring opinion three justices dissent determined constitutional either facially applied particular categories claims see also ante doran salem inn see also ante see also ante jurisdictional reasoning also appear implicate process reviewing preliminary relief cases challenging constitutionality state statutes preliminary relief cases challenging constitutionality federal statutes see granting mandatory appeals jurisdiction state statute held appeals invalid repugnant constitution treaties laws granting mandatory appeals jurisdiction final judgments decrees decision validity federal treaty statute justice stevens justice brennan justice marshall join dissenting appreciate value individual liberty may well true vast majority cases veteran need employ lawyer ante system processing veterans benefit claims large functions fairly effectively without participation retained counsel ante everyone agrees however least complicated cases services lawyer useful veteran indeed simplify work agency helping organize relevant facts identify controlling issues ante reason denying veteran right counsel choice cases gives us two answers first paternalistic interest protecting veteran consequences improvidence ante second bureaucratic interest minimizing cost administering benefit program ante agree interests legitimate neither provides adequate justification restraint liberty imposed limitation explain disagreement shall first add words history fee limitation identify flaws analysis finally explain believe impose unconstitutional restraint individual liberty first fee limitation per claim enacted limitation repealed two years later replaced limitation survived ever since limitation designed protect veteran extortion improvident bargains unscrupulous lawyers obviously believed number scoundrels practicing law large enough justify legislative prohibition charging excessive fees time limitation enacted congress presumably considered fee reasonable legal work involved preparing veteran claim consisted little filling appropriate form terms average serviceman base pay fee roughly equivalent fee today inception therefore fee limitation neither purpose effect precluding employment reputable counsel veterans indeed statute expressly contemplated claims veterans benefits processed agents attorneys fact statute aimed unscrupulous attorneys confirmed provision criminal penalties instead making agreement pay greater fee unenforceable anticipatory pledge interest future pension benefits unenforceable act contains flat prohibition direct indirect collection greater fee provides attorney charges may imprisoned two years hard labor thus unscrupulous moneylender merchant might try take advantage improvident veteran might difficulty collecting bill unscrupulous lawyer might go jail language particularly use words directly indirectly apparently apply consultations veteran lawyer concerning claim ultimately allowed well appearance agency today market reasonable fee even briefest conference surely exceed thus law enacted protect veterans unscrupulous lawyers charge excessive fees effectively denies today veteran access lawyers charge reasonable fees services ii opinion blends discussion paternalistic interest protecting veterans unscrupulous lawyers bureaucratic interest minimizing cost administration way implies interest reinforces actually two interests quite different merit separate analysis opinion bureaucratic interest minimizing cost administration nothing red herring congress prohibited lawyers participating processing claims benefits reason complexity agency procedures regulated limiting number hearings time argument length written submissions ways reason believe agency cost administration increased claimant represented counsel instead appearing pro se informality emphasizes desirable doubt enables many veterans lay representatives handle claims without assistance counsel reason assume lawyers add confusion rather clarity proceedings profession lawyers skilled communicators dedicated service clients assumed average lawyer incompetent unscrupulous one rationally conclude efficiency agency work undermined allowing counsel participate whenever veteran willing pay services categorically reject assumption fact lawyer services unnecessary cases might even counterproductive justify total prohibition participation pension claim proceedings fact perhaps best illustrated gagnon scarpelli case held state constitutional obligation provide parolee probationer counsel every revocation proceeding informality proceeding makes counsel unnecessary cases squarely held cases lawyer presence constitutionally required although surprisingly relies gagnon today see ante word opinion implies parolee probationer denied right retained counsel represent approach participation counsel endorsed gagnon approach apply veterans claim proceedings lawyers may needed cases permitted appropriate cases interest efficient administration plainly justify total prohibition representation counsel justify rule indirectly accomplishes result discouraging participation cases paternalistic interest protecting veteran improvidence unquestionably justify rule simply prevented lawyers overcharging clients appropriately rule might require agency approval perhaps judicial review counsel fees might also establish reasonable ceiling subject exceptions especially complicated cases fact assume limitation justified interest first enacted time brought changes value dollar character legal profession agency procedures ability veteran proceed without assistance counsel senate committee veterans affairs reviewed fee limitation concluded discussed va agency report va report pages reprinted pages rept basis congressional action first civil war world war limiting amount attorney receive representing claimant va grounded belief lawyers day unscrupulous taking unfair advantage veterans retaining unwarranted portion veterans statutory entitlement return limited legal assistance whatever merits view time limitation imposed despite numerous opinions upholding validity statutory limitation face challenges constitutionality see gendron saxbe supp cal aff mem sub nom gendron levi staub roudebush cir committee position view today organized bar particularly light widespread network local bar associations generally police attorney behavior longer tenable committee also view current statutory limitation undue hindrance rights veterans claimants select representatives choosing represent va matters noted strong vital system veterans service officers provide excellent representation cost claimants committee fully expects believes system continue prosper undiminished new right judicial review opportunity attorney participation created legislation however individual arbitrarily restricted retaining attorney whether representation desired reasons personal preference concern claim likely denied second time board veterans appeals appealed claimant well conclude example development administrative record complex case critical importance matter still agency attorney better able develop record pp emphasis added iii evident written regard fee limitation unwise insult legal profession follow however unconstitutional correctly notes presumption constitutionality attaches every act congress requires challenger bear burden demonstrating invalidity attempting must comment two aspects rhetoric references age statute repudiation lochner new york fact limitation books since opinion add force presumption validity surely age de jure segregation issue brown board education age gerrymandered voting districts issue baker carr provided legitimate support rules case passage time instead providing support fee limitation effectively eroded one legitimate justification formerly made legislation rational age statute cuts favor validity true statute incorrectly invalidated lochner provided protection group workers protection response assumed disparity bargaining power employers employees justified interest protecting health welfare protected group rather misleading imply rejection lochner holding endorsement rational paternalism legitimate legislative goal see ante event kind paternalism reflected statute operates today irrational purports protect veteran little need protection actually denies assistance cases help lawyer may critical importance statute unconstitutional reason fundamental apparent irrationality stake right individual consult attorney choice connection controversy government opinion right firmly protected due process clause fifth amendment first amendment recognizes veterans administration procedures must provide claimants due process law concludes constitutional requirement satisfied appellees proved probability error present system unacceptable ante short percent cases correctly decided worry individuals whose claims erroneously rejected might prevailed represented counsel fundamental error analysis assumption individual right employ counsel choice contest sovereign kind interest assigned material value balanced utilitarian scale costs benefits true veteran right benefits property right fashioning procedures administering benefit program government may appropriately weigh value additional procedural safeguards pecuniary costs may example properly decide provide free counsel claimants considering procedural right involve cost government concerned individual right spend money obtain advice assistance independent counsel advancing claim government criminal proceedings right expressly protected sixth amendment indicated civil disputes government believe right also protected due process clause fifth amendment first amendment government guise paternalistic interest protecting citizen improvidence deny access independent counsel choice change character free society even though dispute sovereign may involve property rights case statutory entitlement citizen right access independent private bar aspect liberty critical importance democracy disagree present crabbed view concept liberty reject apparent unawareness function independent lawyer guardian freedom view regardless nature dispute sovereign citizen whether criminal trial proceeding terminate parental rights claim social security benefits dispute welfare benefits pension claim asserted widow soldier killed battlefield citizen right consult independent lawyer retain lawyer speak behalf aspect liberty priceless bargained away notion totalitarian appraisal mass claims processed veterans administration identify especially high probability error unfortunately reason mistake today obvious appreciate value individual liberty respectfully dissent sections act july authorized grant pensions certain military personnel provided follows sec enacted fees agents attorneys making causing executed papers necessary establish claim pension bounty allowance pension office act shall exceed following rates making causing duly executed declaration applicant necessary affidavits forwarding pension office requisite correspondence five dollars cases wherein additional testimony required commissioner pensions affidavit required executed forwarded except affidavits surgeons agents attorneys shall entitled fees one dollar fifty cents sec enacted agent attorney shall directly indirectly demand receive greater compensation services act prescribed preceding section act shall contract agree prosecute claim pension bounty allowance act condition shall receive per centum upon portion amount claim shall wrongfully withhold pensioner claimant whole part pension claim allowed due pensioner claimant shall deemed guilty high misdemeanor upon conviction thereof shall every offence fined exceeding three hundred dollars imprisoned hard labor exceeding two years according circumstances aggravations offence stat july congress repealed sixth seventh sections act substituted following sections raised maximum fee sec enacted fees agents attorneys making causing executed papers necessary establish claim pension bounty allowance act shall exceed following rates making causing duly executed declaration applicant necessary affidavits forwarding requisite correspondence ten dollars sum shall received agent attorney full services obtaining pension shall demanded received whole part pension shall obtained sixth seventh sections act entitled act grant pensions approved july fourteenth eighteen hundred hereby repealed stat section act reenacted criminal penalties contained act ibid see supra see cong globe cong globe see also calhoun massie base pay military personnel averaged annually dept commerce bureau census historical statistics colonial times part contrast military base pay personnel averaged see dept commerce bureau census statistical abstract today course procedures elaborate number claims presenting complex issues law fact greatly increased longer true attorney seldom ever asked fill simple form recently noted effect criminal sanctions constitutional analysis restriction involved merely effort government regulate use property involved postal service greenburgh civic dismissal speaker government employment involved connick myers flat criminal sanction fec national conservative pac report congress veterans administration stated probably true except whose low income qualifies free legal services current fee limitation effectively precludes attorney representation letter veterans administration acting director hon alan simpson dated july section bill approved unanimously senate committee veterans affairs removed limitation services rendered representing claimant following initial decision board veterans appeals committee report stated enactment provisions section estimated entail cost entire discussion bureaucratic interest based assumption removal fee limitation constitutes proposed additional procedure see ante accurate state proposal permit qualified spokesmen participate existing procedure district unequivocally found apart paternalistic interest government harmed slightest lifting fee limitation district wrote government neither argued shown lifting fee limit harm government way except paternalistic protector claimants supposed best interests supp nd cal see also supra stated thus find justification new inflexible constitutional rule respect requirement counsel think rather decision need counsel must made basis exercise sound discretion state authority charged responsibility administering probation parole system although presence participation counsel probably undesirable constitutionally unnecessary revocation hearings remain certain cases fundamental fairness touchstone due process require state provide expense counsel indigent probationers parolees expressly noted need counsel revocation hearings derives invariable attributes hearings rather peculiarities particular cases fec national conservative pac noted allowing presentation views forbidding expenditure present much like allowing speaker public hall express views denying use amplifying system analogy allowing presentation views pro se claimant forbidding expenditure present much like allowing speaker public hall express views denying use amplifying system justice brandeis statement olmstead worth remembering context experience teach us guard protect liberty government purposes beneficent men born freedom naturally alert repel invasion liberty rulers greatest dangers liberty lurk insidious encroachment men zeal without understanding brandeis dissenting cf wright ingold propositions obvious seldom need stated explicitly series cases considered extent first amendment protects lawyer right solicit business finding protection situations others compare primus ohralik ohio state bar cases necessarily assumed individual right ask receive legal advice lawyer choice fully protected first amendment assumption explicitly acknowledged parties primus case recognized opinion doubt activity protected first amendment ordinary communication attorney client protected doubly important prevent abridgment communication support exercise right petition government redress veteran grievances see california motor transport trucking unlimited indeed one point opinion seems take position constitutional defect unless entire system operated contrary governing regulations ante explained protesting denigration right counsel proceedings terminate parental rights issue one fundamental fairness weighing pecuniary costs societal benefits accordingly even costs state relatively insignificant rather great costs providing prosecutors judges defense counsel ensure fairness criminal proceedings reach result category cases value protecting liberty deprivation state without due process law priceless lassiter department social services durham county dissenting moreover framers constitution created federal sovereign whose powers exercised different branches legislature executive judiciary expected coexist least sovereigns jurisdiction people territory surely motivated desire improve efficiency economy developed much simple design new government reason perfectly clear text constitution replete provisions intended secure blessings liberty conversely protect dangers tyranny notwithstanding possible costs significantly protections recognized evils associated monarch executive absolute power also risk tyranny unrestrained majority limited delegations power federal government tripartite division authority among three branches federal government division legislature two houses staggered terms office senators serving six years president four years representatives two provision presidential veto acts congress guarantee life tenure federal judges checks balances consistent interest protecting individual liberty possible misuse power transient unrestrained majority way utilizes mathews eldridge analysis somewhat misleading appellees seek additional opportunities heard counsel appointed governmental expense type additional procedure simply want exercise right choose consult employ services legal counsel order conduct manage personal affairs right unfettered free society see munn illinois state shall deprive person life liberty property without due process law says fourteenth amendment constitution term liberty used provision something meant mere freedom physical restraint bounds prison means freedom go one may choose act manner inconsistent equal rights others judgment may dictate promotion happiness pursue callings avocations may suitable develop capacities give highest enjoyment field dissenting justice jackson recognized american communications assn douds priceless heritage society unrestricted constitutional right member think thought control copyright totalitarianism claim function government keep citizen falling error function citizen keep government falling error solicitor general cavalierly othing first amendment suggests fee limitation unconstitutional restricts claimant hiring private lawyer adequate representation available without charge brief appellants statement misses principle plain fundamental think need stated every citizen country presumed unrestricted consulting employing attorney matter making decision legal representation purpose needed proposition makes difference whether solicitor general claims existing va claims procedure fair adequate without privately retained attorneys conclusion district rejected statute moreover one hand recognizes allows legal representation hand restricts veteran right choose consult legal representative meaningful manner thus virtually reducing right counsel nonexistence compare meachum fano stevens dissenting function however well understood jack cade followers characters often forgotten whose famous line often misunderstood dick statement first thing let kill lawyers spoken rebel friend liberty see shakespeare king henry vi pt ii act iv scene line careful reading text reveal shakespeare insightfully realized disposing lawyers step direction totalitarian form government according process sufficient large majority group claims constitutional definition sufficient ante