Souter, J. , concurring CHRISTENSEN v. HARRIS COUNTY 529 U. S. ____ (2000) SUPREME COURT OF THE UNITED STATES No. 98-1167 EDWARD CHRISTENSEN, et al ., PETITIONERS v. HARRIS COUNTY et al. on writ of certiorari to the united states court of appeals for the fifth circuit [May 1, 2000] Justice Souter , concurring. I join the opinion of the Court on the assumption that it does not foreclose a reading of the Fair Labor Standards Act of 1938 that allows the Secretary of Labor to issue regulations limiting forced use.