Dick v. New York Life Insurance

Mr. Justice Frankfurter, whom Mr. Justice Whit-taker joins,

dissenting.

On several occasions I have stated the reasons for my adherence to the traditional practice of the Court not to note dissent from the Court’s disposition of petitions for certiorari.1 Different considerations apply once a case is decided.

*448Establishment of intermediate appellate courts in 18912 was designed by Congress to relieve the overburdened docket of the Court.3 The Circuit Courts of Appeals were to be equal in dignity to the Supreme Courts of the several States.4 The essential purpose of the Evarts Act was to enable…