Gideon v. Wainwright · ¶23

Justice Field, the first Justice Harlan, and probably Justice Brewer, took that position in O’Neil v. Vermont, 144 U. S. 323, 362-363, 370-371, as did Justices Black, Douglas, Murphy and Rutledge in Adamson v. California, 332 U. S. 46, 71-72, 124. And see Poe v. Ullman, 367 U. S. 497, 515-522 (dissenting opinion). That view was also expressed by Justices Bradley and Swayne in the Slaughter-House Cases, 16 Wall. 36, 118-119, 122, and seemingly was accepted by Justice Clifford when he dissented with Justice Field in Walker v. Sauvinet, 92 U. S. 90, 92. Unfortunately it has never commanded a Court. Yet, happily, all constitutional questions are always open. Erie R. Co. v. Tompkins, 304 U. S. 64. And what we do today does not foreclose the matter.

U. S. Reports, bound volume
U. S. Reports, volume 372, at 335 (Library of Congress) · transcription: Caselaw Access Project
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