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+ %& SUPREME COURT: Dissenting Opinions Just Dochobe: terate cont elas last aecek the anne back robud PUNTERS at the US Supreme Court pans Fai fy rte ur aif: room aud stk all aramid) before taking Ven places at the Jang pohshed vdlont tenho in the nia poor chapedd, Tanac cobantent soletints Tans con tenn Whe westre is a traditional one, dati Tack a half centaur and ssivbolivine thet their ineis dual diflerenors ontside tle const. the pusticns Tease then at the door Bat for Chief Justice Bat Warren and Associate Justice Felis Fiankhoecter the “and deake was Tare 7 Tike two fighters touchares lives at the apening bell. fo Washiugten cirches it wis Ti secret. that there was OTN Tae dis affection hetwecn these two dissimiilas niet Wanren the Tbing (6 foot 23 aad Tearty_ Westerner who owas three times Govereay Of Caliertsias Frankfurter. the sell 63 doat 6) and svep ered intelec- tual who was euce a pratescor af Jaw at Tanard. Just this past Marely thes hac ashed openly, hut Tnielly. in court. Then dast week thes ermpted inte a displiae ot judicial temper such as is sel dom witnessed in the lashed) chamber. The ineident that stemmed the court: roan and made TES Wank’ Plo ew spaper arose aver the case of Willie toa District of Columbia Ne- no who, after tea trials were nullified i appeals, was convicted of a 1933 murder the third time areund. in a 3-4 decision, the Supreme Court rated that Stewart should have stilh aa fourth tial. ‘The majority opinion. concurred in hy Warren and) Associate: Justices Thug 1. Black, Williams ©. Douglas, William J. Brennan Jr. aid Patter Stewart. held that the camicted iian’s bast trial was prejudiced by improper questioning by the prosecution Aceusation: No the ' majerity decision ancounecd then i Frankfiiter, seated: nest to Wirren en the heft. his gen -fringed head barely visible above the bench, began te Inith. Tha written dissenting epinion, Frankfurter bad called: the prosecution's mistake a “Tuanless eran” ned prejudi- cial ta Willie Lice Stewart, Now fe spoke Uitecth from the Dench. acensings the Taajorits of “packing out auisalated ept souk in Stewarts trial te prove Hs Gite. The whole rapped out Fiakdurter, was an “indefensible” ex- ample af judicial wit picking. An angry red Hush had crept up froin Warren's collar as Frank forter spoke. The Chief Justice cast one brie! glance down ~ at Frarkfurter. Hen addressed the court, “As TDounderstand (7 sakdh Warren im restrained furs. “the parpose of report- ing an opinion in the court is to inform “fe the pnblie and nut for the parpose of de- > May 8. 1901 whatever Ssaauer a a business. ° Sothadding: this coud, Tassie . the ee es = Wess TEP Ars aN arren: “Des ading this court veu teat al win apinien had said those things [re i} Frankfurter had written his renmnu ks into his formal dissent] 2 would) Luss nich te say mosell. but anfortanatel the record walk not sfiaw it.” “yh leave at to the record,” sapped back Frankfurter. In the Teug dhistan of the Sup vic Court, there have ather sharp dashes between jostices ta mir the lig. nity of the nation’s highest tribunal dignity that overwrought lawsvers have fiinted desc away when confronting the bene bi dn 1930s the late Justice Funes ¢ McReynolds. well-kuown for his crust ness. once responded toa tebnke fur turds ness by bellowing: “Tell Me, Chief Justice Thighes that) Mr. Justice McResnokds does not work for him” But very boas Deen ordinaih so great Sone Frankfurter: Indefensible’ srl Pos dea ereutred oon the \y was tai thre Wo. te auikduater firs whe? Wotton tener ne deals ahowath the couet thek that pad t ope da th RfTecnes tonya coy tits thi ta, an Yea 7 Le puabitic at the TM sc. dE Werren gee rates ah vd ootia at ml hae Viet thie cents at acbopin ettecdteate cit t apital can ktat parties toaae ts ante Pears as ding dost friends Netouinedet. cm u athe. Wine ae MRS kote weed Oi borne) says: “He's the pubue od thie aiee Vue cask mon ns Joat fie reall eet Wes hot tempered 2% ; ab 7S the aldest metber of the court, Feankfarter stil plass his rele as the Sapien anind athe High Bord dh could vagher forged thas ether guests ado off ur ge camer aif cor kta prety Lair with sotpecbads an ican Pavanas Vea has chew Tae i Jaan ta iat te: artmients he plans fe usc atieh as In a duel af wits Viankbarter rise to capect yay qquathed aul Vay Thette Bato dm tecemt senirs bie Tas show ot taspes ts, chascne cn dae hes oT Tnietes, noticeable lendenes in court and ont ete be less patient with: those wlio dis: catnee withe him, “Ht isnt Bhely,” says one Jaayer whe huews (hem both, “thet these two world wet along in ay lis vf work that throw them together.” A far deeper division bet eon Warten aud) Frankhirter is their poles-apart con: cepts of how the US. Sapieme Court sliomlel Gterpret iby role as the grerdiat A the Coustititien. soa former pescetttos fand atternwe. eeneral) in California, Waren first Cte to the High Count with what seemed) to Tae aa mai COMETH OT how the Praseuu: tres tack presented its case. but mere and Tore he began te be on the sane side cl decisions as the strougaminded! Tie Black, who champions the rights of the iuclixiduial as puma Notably with the civil-rights cases and) the coutray er cial decisions casing: restrictions of Com oomists. Wire and) those whe most often sided with lim Black, Doulas. and Brennanccamie: to be kiwi as tle cots “bberal Tboe, Differences: Frankturter uscd ta be Kirosttn as al Maning Waal Titel when he appointed by Franklin 1D Roosevelt, hut parncdovicalls ia recent wears das been dabelodd ou of the cats Poomaces tives. Tre lis taew, the rights of the iudisidual are duportant, bat rst be weighedk against the ehoy CHIARICTIES best interest Cas iu the Commins eases). Mase than that, Frankterter almost lifelong student af Supreme Cont philusaphy. has fretted at the bend ol we court under Warren to involve ital sacreasinghy an indis duality cases. even iichucling railroad accident aud in Waals 27