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The Justice who had written the Gobitis ruling in 1940 – Felix Frankfurter – strongly disagreed with how that precedent was being overturned in the Barnette ruling. Frankfurter reinforced his holding in Gobitis that those who disagree with a law should attempt to change it through the political process, rather than break that law due to ...
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Among the opinions Elman was involved in drafting during his clerkship was Frankfurter's dissent in the second Flag Salute case, West Virginia State Board of Education v. Barnette. [4] Elman and Frankfurter remained close friends; Elman would later recount that Frankfurter still regarded him as his clerk for years after Elman had joined the ...
Minersville School District v. Gobitis, 310 U.S. 586 (1940), was a decision by the Supreme Court of the United States restricting the religious rights of public school students under the First Amendment to the United States Constitution.
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-born American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which he was an advocate of judicial restraint. Frankfurter was born in Vienna, immigrating to New York City at the age of 12.
The book was a collection of the following articles from the Harvard Law Review: Felix Frankfurter & James M. Landis, The Business of the Supreme Court of the United States—A Study in the Federal Judicial System, 38 Harv. L. Rev. 1005 (1925).
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Guaranty Trust Co. v. York, 326 U.S. 99 (1945), was a United States Supreme Court case that described how federal courts were to follow state law. Justice Frankfurter delivered the majority opinion further refining the doctrine set forth in Erie Railroad Co. v. Tompkins .