concurring in part and concurring in the judgment.
I join Part I (except for footnote 1) and Part III of the opinion of the Court, and concur in its judgment. As to Part II, I agree with Justice White that the question of our entertaining the issues there discussed should be resolved as a matter of law, and not of discretion, and I therefore join his opinion. The Court having chosen not to follow that course, I agree with Justice O’Connor regarding the basis on which our discretion should be exercised concerning the due process claim, and therefore join her opinion.