On Lee v. United States

Memorandum filed by Mr. Justice Frankfurter with a statement by Mr. Justice Black.

Memorandum of

Mr. Justice Frankfurter.

The rule governing the filing of amici briefs clearly implies that such briefs should be allowed to come before the Court not merely on the Court’s exercise of judgment in each case. On the contrary, it presupposes that the Court may have the aid of such briefs if the parties consent. For the Solicitor General to withhold consent automatically in order to enable this Court to determine for itself the propriety of each application is to throw upon the Court a responsibility…