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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 ...
After a brief stint at the Federal Communications Commission (1940–1941), he served as a law clerk to U.S. Supreme Court Justice Felix Frankfurter from 1941 to 1943. 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.
The Supreme Court overruled this decision three years later in West Virginia State Board of Education v. Barnette (1943). [2] Subsequent cases have applied a lower standard of review to generally applicable laws when evaluating free exercise claims; [3] Justice Antonin Scalia cited Frankfurter's Gobitis opinion at least three times in ...
In Baker v. Carr, Frankfurter's position was that the federal courts did not have the right to tell sovereign state governments how to apportion their legislatures; he thought the Supreme Court should not get involved in political questions, whether federal or local. [61] Frankfurter's view had won out in the 1946 case preceding Baker, Colegrove v.
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Zorach v. Clauson , 343 U.S. 306 (1952), was a release time case in which the Supreme Court of the United States held that a school district allowing students to leave a public school for part of the day to receive off-site religious instruction did not violate the Establishment Clause of the First Amendment .
The case involved Robert Barnett, a US Airways employee who injured his back, rendering him physically unable to perform his cargo-handling job. [3] Using his seniority, Barnett transferred to a less-demanding mailroom job. However, this position later became open to seniority-based bidding and was bid on by more senior employees.