Ross v. Bernhard

Mr. Justice Stewart, with whom The Chief Justice and Mr. Justice Harlan join,

dissenting.

In holding as it does that the plaintiff in a shareholder’s derivative suit is constitutionally entitled to a jury trial, the Court today seems to rely upon some sort of ill-defined combination of the Seventh Amendment and the Federal Rules of Civil Procedure. Somehow the Amendment and the Rules magically interact to do what each separately was expressly intended not to do, namely, to enlarge the right to a jury trial in civil actions brought in the courts of the United States.

The Seventh Amendment, by its…