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Olmstead v. United States/Dissent Stone

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Olmstead v. United States, 277 U.S. 438 (1928)
Dissenting opinion by Harlan Fiske Stone
4416270Olmstead v. United States, 277 U.S. 438 (1928) — Dissenting opinionHarlan Fiske Stone

Mr. Justice Stone, dissenting.

I concur in the opinions of Mr. Justice Holmes and Mr. Justice Brandeis. I agree also with that of Mr. Justice Butler so far as it deals with the merits. The effect of the order granting certiorari was to limit the argument to a single question, but I do not understand that it restrains the Court from a consideration of any question which we find to be presented by the record, for, under Jud. Code, § 240(a), this Court determines a case here on certiorari "with the same power and authority, and with like effect, as if the cause had been brought [here] by unrestricted writ of error or appeal."


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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