concurring.
The rhetoric of the dissent is eloquent. But dilemmas, like goats, have two horns. The new bail rule is not unconstitutional on its face and the dissent does not even suggest that proposition. It cannot be held unconstitutional as applied because there is no evidence yet concerning how the courts of Florida will execute it. The dissenters assume that “the 1971 practice” will prevail following adoption of the 1977 rule. This is not only unwarranted logically, but without cited precedent as a basis for declaring state action unconstitutional. See Fusari v. Steinberg, 1975, 419 U.S. 379, 95 S.Ct. 533, 42 L.Ed.2d 521.