Legal Opinion · Dissent

Children's Hospital of District of Columbia v. Adkins

Court of Appeals for the D.C. Circuit

Decided November 6, 1922No. Nos. 3438, 3467Published

1DissentSmyth, Chief Justice

Before discussing the constitutionality of the act, it is necessary to consider matters not referred to in the majority opinion, and which are essential to a correct disposition of the cases. These cases were decided on the 6th day of June, 1921, and motions for rehearing denied on June 22 of the same year. In my opinion both cases were finally disposed of then, and the court is without jurisdiction to render the present decisions.

At the time the causes were first called for hearing, Mr. Justice Robb was unable to sit in them because of illness. Pursuant to section 225 of the District of…

2Cases cited65 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Munn v. IllinoisSupreme Court of the United States · 1877
  3. Jacobson v. MassachusettsSupreme Court of the United States · 1905
  4. Schenck v. United StatesSupreme Court of the United States · 1919
  5. Barbier v. ConnollySupreme Court of the United States · 1884

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