Legal Opinion · Concurrence

Cleveland v. United States

Supreme Court of the United States

Decided December 16, 1946No. 12Published

1ConcurrenceJustice Rutledge

I concur in the result. Differences have been urged in petitioners’ behalf between these cases and Caminetti v. United States, 242 U. S. 470.1 Notwithstanding them, in my opinion it would be impossible rationally to reverse the convictions, at the same time adhering to Caminetti and later decisions perpetuating its ruling.2

It is also suggested, though not strongly urged, that Caminetti was wrongly decided and should be overruled. Much may be said for this view. In my opinion that case and subsequent ones following it extended the Mann Act’s coverage beyond the congressional intent and…

2Cases cited14 opinions

  1. Caminetti v. United StatesSupreme Court of the United States · 1917
  2. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  3. Reynolds v. United StatesSupreme Court of the United States · 1879
  4. Prudential Insurance v. BenjaminSupreme Court of the United States · 1946
  5. Girouard v. United StatesSupreme Court of the United States · 1946

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