Boynton v. Virginia

Mr. Justice Whittaker, with whom Mr. Justice Clark joins,

dissenting.

Neither in the Supreme Court of Appeals of Virginia nor in his petition for certiorari or in his brief on the merits in this Court did petitioner challenge the judgment on the ground that it was obtained in violation of the Interstate Commerce Act. I therefore respectfully submit that, under our rules and decisions, no such question is presented or open for consideration here.1 But even if the Court properly may proceed, as it has proceeded, to decide the case under that Act, and not at all on the constitutional grounds…