Legal Opinion · Dissent

Irvin v. Dowd

Supreme Court of the United States

Decided May 4, 1959No. 63Published

1DissentJustice Frankfurter

The problem represented by this ease is. as old as the Union and will persist as long as our society remains a constitutional federalism. It concerns the relation of the United States and the courts of the United States* to the States and the courts of the States. The federal judiciary has no power to sit in judgment upon a determination of a state court unless it is found that it must rest on disposition of a claim under federal law.* This is so whether a state adjudication comes directly under

*408review in this Court or reaches us by way of the limited scope of habeas corpus jurisdiction…

2Cases cited13 opinions

  1. Whitney v. CaliforniaSupreme Court of the United States · 1927
  2. Martin v. Hunter's LesseeSupreme Court of the United States · 1816
  3. Murdock v. City of MemphisSupreme Court of the United States · 1875
  4. Herb v. PitcairnSupreme Court of the United States · 1945
  5. Minnesota v. National Tea Co.Supreme Court of the United States · 1940

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