(concurring).
I concur in the majority opinion only because I recognize that our Court is bound by the five-judge majority opinion in O’Shea v. Littleton, 414 U.S. 488, 94 S.Ct. 669, 38 L.Ed.2d 674 (1974). Were I able to write on a clean slate, I would adopt the views expressed in the dissenting opinion in O’Shea.