John Marshall Harlan II

“ For my part, I find the language and structure of the statutory provision singularly opaque; and I am not aided in my choice between these competing constructions by the Court's observation that § 13a (1) makes no provision for notice in States served by 'connecting railroads.'
In view of the structural and linguistic ambiguity of the statutory provision, the Court's reliance on the absence of an explicit reference to carrier arrangements of this sort would carry weight only if the legislative policy underlying § 13a (1) of the Act solidly supported the result reached today. ”

“ Suffice it to say that I am not persuaded by the deference argument as applied to the agency's pro forma finding of adequate notice in this very litigation where the notice issue evidently was not before the agency at the time of its ruling. ”