Shames v. State of Nebraska

It is with regret that I conclude that I cannot join in the opinion adopted by my esteemed colleagues in this case. It is my conclusion that in reaching the proper decision in this controversy we should await the action of the state courts and a final decision in the Supreme Court of the State of Nebraska as to Section 76-402 of the Nebraska Revised Statutes.

I cannot agree that under the guise of police power a state may discriminate against non-resident aliens of countries with whom we are not at war, and deny them due process as required by the Fourteenth Amendment. If the Nebraska court,…