Barnette v. Wells Fargo Nevada National Bank

Me. Justice Brandéis, with whom Me. Justice' Sanford

concurs, dissenting.

In my opinion, the decree of the Circuit Court of Appeals should be reversed with directions to the. District *447Court to remand the case to the state court, or this Court should, in its discretion, order that copies of all papers in the District Court relating to the removal be filed here, so that we may determine whether the lower courts have properly exercised jurisdiction. Compare order issued February 1, 1926, in Whitney v. California.

The determination of the jurisdiction of the courts below is one of the essential…