In the case of Barlow et al. v. Collins, Executive Director, Alabama Agricultural Stabilization and Conservation Service, et al., 1969, tenant farmers in Texas challenged regulations set by the United States Department of Agriculture (USDA) that affected their eligibility for federal farm subsidies. The plaintiffs argued that these rules violated their Fifth Amendment rights to due process because they were not given an opportunity to voice objections before the changes were implemented. Initially dismissed by a district court on grounds that it lacked jurisdiction over such matters as per Section 1361 of Title 28 U.S.C., this decision was upheld by a Court of Appeals but later reversed by the Supreme Court which ruled in favor of the tenants' right to judicial review under Administrative Procedure Act (APA). The Supreme Court held that Congress did not intend to preclude judicial review for those adversely affected or aggrieved within its meaning under any statute relevant to agency action.

In the dissenting opinion for Barlow et al. v. Collins, Justice Harlan argued that the majority had overstepped its bounds by deciding on a constitutional question not raised in lower courts or in appellants' briefs before the Supreme Court. He believed this was an inappropriate exercise of judicial power and set a dangerous precedent for future cases. Furthermore, he disagreed with the majority's interpretation of 7 U.S.C § 1363 as unconstitutional due to lack of procedural safeguards against arbitrary action from administrative agencies like ASCS (Agricultural Stabilization and Conservation Service). Instead, he contended that these safeguards were implicit within existing legislation and regulations governing agency actions; thus no violation occurred under Fifth Amendment’s Due Process Clause. Additionally, Harlan felt that even if there were deficiencies in procedures used by ASCS to determine eligibility for benefits under cotton allotment program - it should be Congress’ responsibility to rectify them rather than court’s intervention.