Justices Frankfurter and Jackson concurred in the Court's result, for they found no merit in the railroad's claim.

In Barnette however, only Frankfurter filed a written dissent, while Justices Owen Roberts and Stanley Reed dissented in silence.

Frankfurter ’ s response to Jackson ’ s systematic destruction of his Gobitis decision was one of anger, and Justices Roberts and Murphy tried to get him to revise his opinion, arguing that the first two lines were “ much too personal ”.

Frankfurter began with a reference to his Jewish roots: “ One who belongs to the most vilified and persecuted minority in history is not likely to be insensible to the freedoms guaranteed by our Constitution .” This was the passage Justices Roberts and Frank Murphy felt was out of place.

Separate concurring opinions were delivered by Justices Felix Frankfurter and Robert H. Jackson.

Here again, Frankfurter opposed the views of Justices Warren, Black, Douglas, and Brennan ( though Frankfurter lost 4 – 3 ).

Justice Frankfurter was in his time the leader of the conservative faction of the Supreme Court ; he would for many years feud with liberals like Justices Black and Douglas.

Frankfurter saw justices with ideas different from his own as part of a more liberal " Axis " – these opponents were chiefly Justices Black and Douglas, but would also include Murphy and Rutledge ; the group would for years oppose Frankfurter's judicially restrained ideology.

* Murphy, Bruce Allen, The Brandeis / Frankfurter Connection: The Secret Political Activities of Two Supreme Court Justices, ( New York: Oxford University Press, 1982 ).

According to Frankfurter, Murphy was part of the more liberal " Axis " of justices on the Court, along with Justices Rutledge, Douglas, and Black ; the group would for years oppose Frankfurter's judicially-restrained ideology.

Harlan's approach was largely similar to that of Justices Benjamin Cardozo and Felix Frankfurter.

In an opinion by Justice Stanley Forman Reed, which three other justices ( Chief Justice Vinson and Associate Justices Hugo Black, Robert H. Jackson ) joined, and with which Justice Felix Frankfurter concurred, the Court held that re-executing Francis did not constitute double jeopardy or cruel and unusual punishment.

Justice Rutledge wrote another dissenting opinion in which he was joined by Justices Frankfurter, Jackson and Burton.

Associate Justice Felix Frankfurter delivered the opinion of the court in this case, in which Chief Justice Fred M. Vinson and Associate Justices Stanley Forman Reed, Robert H. Jackson, and Harold Hitz Burton joined.

When Perlman attempted to close on a rousing note, reminding the Justices that this was wartime, Justices Jackson and Frankfurter immediately contradicted him, noting that Congress had not declared war.

Many commentators predicted that the Court would avoid the constitutional question, while others stressed the background that all of the Justices had in the New Deal and Fair Deal, when the powers of the Presidency had expanded greatly, and the past support of Justices such as Black, Reed, Frankfurter, and Douglas for the expansive application of the President's war powers.

The Opinion of the Supreme Court was delivered by Felix Frankfurter with Justices Hugo Black and Rutledge taking no part in the discussion or decision.

Prominent members of the Court during the Warren era besides the Chief Justice included Justices William J. Brennan, Jr., William O. Douglas, Hugo Black, Felix Frankfurter, and John Marshall Harlan II.

* Hockett, Jeffrey D. " Justices Frankfurter and Black: Social Theory and Constitutional Interpretation ," Political Science Quarterly, Vol.

It is widely rumored that Friendly graduated with the highest grade point average ever attained ( before or since ) at Harvard Law School, but confirmation of this claim is difficult to find, and the claim is sometimes also made for U. S. Supreme Court Justices Louis Brandeis and Felix Frankfurter.

Justices Robert Jackson and Stanley Reed finally decided to drop their dissent to what was by then an opinion backed by all the others.

Justices Jackson and Hugo Black had profound professional and personal disagreements dating back to October 1941, the first term in which they served together on the Supreme Court.

Justices John Marshall Harlan, Howell Edmunds Jackson, Edward Douglass White, and Henry Billings Brown dissented from the majority opinion.

He wrote Truman several letters criticizing Justices Robert H. Jackson and Hugo Black, referring to Black as a demagogue.

In concurring opinions, Justices Douglas joined by Justices Black and Murphy, and Justice Jackson held that the law violated the Privileges or Immunities clause of the Fourteenth Amendment.

Joined by Chief Justice Melville Fuller and Associate Justices Steophen Johnson Field, John Marshall Harlan, Horace Gray, Henry Billings Brown, George Shiras, Jr., Howell Edmunds Jackson, and Edward Douglass White, the court ruled that the government had a right to regulate interstate commerce and ensure the operations of the Postal Service, along with a responsibility to " ensure the general welfare of the public.

Speakers at ACS events have included U. S. Supreme Court Justices Stephen Breyer, Ruth Bader Ginsburg and Antonin Scalia, Vice President Joe Biden, former Vice President Al Gore, U. S. Senators Russ Feingold, Amy Klobuchar, Patrick Leahy, Charles Schumer the late Paul Wellstone, and Sheldon Whitehouse, U. S. Representatives Tammy Baldwin, Artur Davis, Barney Frank, Diana DeGette, Jesse Jackson, Jr., and John Lewis, Secretary of State Hillary Clinton, former Attorney General Janet Reno and Attorney General Eric Holder, former Solicitors General Paul D. Clement, Walter E. Dellinger, Drew S. Days and Seth P. Waxman, and White House Counsel Greg Craig.

Justices Stevens, Ginsburg, Sotomayor, and Breyer dissented.

Justices Scalia, O ' Connor and Thomas dissented, stating that " he decision today -- to grant, vacate, and remand in light of the Government's changed position -- is both unprecedented and inexplicable.

Four justices ( Justices Stevens, Ginsburg, Souter and Breyer ) dissented as to stopping the recount.

In a 4 to 1 decision, the Court ruled in favor of the plaintiff, with Chief Justice John Jay and Associate Justices John Blair, James Wilson, and William Cushing constituting the majority ; only Justice Iredell dissented.

William Rehnquist, Byron White, Harry Blackmun, John Paul Stevens, Antonin Scalia, and Clarence Thomas — the six Justices who did not join the plurality opinion — wrote or joined opinions in which they partially concurred and partially dissented from the decision.

Chief Justice Rehnquist, joined by Justices Kennedy, Scalia, and Thomas, dissented, arguing that the University's " plus " system was, in fact, a thinly veiled and unconstitutional quota system.

Chief Justice Rehnquist and Justices Scalia, Kennedy, and Thomas dissented.

Justices Holmes and Brandeis, however, dissented, arguing that " a silly leaflet by an unknown man " could not be construed as a consequential threat.

" Justice Blackmun, joined by Justices Brennan, Marshall, and Stevens, dissented, citing that " his case is no more about a fundamental right to engage in homosexual sodomy ," as the Court purports to declare, ante at 191, that Stanley v. Georgia, 394 U. S. 557 ( 1969 ), was about a fundamental right to watch obscene movies, or Katz v. United States, 389 U. S. 347 ( 1967 ), was about a fundamental right to place interstate bets from a telephone booth.

Justice Stevens, with whom Justices Brennan and Marshall joined in dissent, dissented further from the majority opinion: " the Court orders the dismissal of respondent's complaint even though the State's statute prohibits all sodomy ; even though that prohibition is concededly unconstitutional with respect to heterosexuals ; and even though the State's post hoc explanations for selective application are belied by the State's own actions.

Two Justices concurred in part and dissented in part to the decision.

Chief Justice Burger and Justices Harry Blackmun, Lewis F. Powell, and William H. Rehnquist, each appointed by President Richard Nixon, dissented.

Ironically, and despite that era's Republican commitment to Reconstruction and black civil rights, all five Justices in the majority were appointed by Republicans ( three by Lincoln, two by Grant ), while the lone Democratic appointee Nathan Clifford dissented.

Associate Justice Miller wrote for the Court with Associate Justices Field, Harlan, Woods, Matthews, and Blatchford concurring ; Associate Justices Bradley and Gray, along with Chief Justice Waite, dissented.

Justices Hugo Black and John M. Harlan II dissented.

The remaining four Justices dissented, all rejecting the " irrelevance " approach as articulated by La Forest and the " incremental " doctrine suggested by Sopinka.

Justices Hugo Black and William O. Douglas, First Amendment " literalists ," dissented in Roth, arguing vigorously that the First Amendment protected obscene material.

* Justice Stevens, joined by Justices Ginsburg, and Breyer, dissented on one section of the part of the Court's opinion written by the Chief Justice.

In the Slaughterhouse Cases, 83 U. S. 36 ( 1873 ) -- a pivotal decision on the meaning of Section 1 of the relatively new Fourteenth Amendment to the Constitution -- Swayne dissented with Justices Stephen J.

Justices Oliver Wendell Holmes and George Sutherland dissented.

Justices Oliver Wendell Holmes and Louis Brandeis dissented and said that the more speech protective standard – " clear and present danger " – ought to be applied to overturn the conviction.