Majority Opinion
The Court, in its 5-3 ruling (Justice Clarke not having participated), upheld the Court of Appeals’ decision fully, including its decisions to strike as unconstitutional the Act of March 23, 1908, and to order Moreland’s release. The majority opinion – written by Justice Joseph McKenna and joined by Justices Day, McReynolds, Pitney, and Van Devanter – noted their reluctance in the inevitable end result, but felt duty-bound to uphold the right of a U.S. citizen to be protected by the Fifth Amendment, and “... the right, at times, must be accorded one whose conduct tempts to a straining of the law against him.”
Read more about this topic: United States V. Moreland
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