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
Famous quotes containing the words majority and/or opinion:
“I do not hesitate to say, that those who call themselves Abolitionists should at once effectually withdraw their support, both in person and property, from the government of Massachusetts, and not wait until they constitute a majority of one, before they suffer the right to prevail through them. I think that it is enough if they have God on their side, without waiting for that other one. Moreover, any man more right than his neighbors constitutes a majority of one already.”
—Henry David Thoreau (1817–1862)
“I don’t mind saying in advance that in my opinion jealousy is normal and healthy. Jealousy arises out of the fact that children love. If they have no capacity to love, then they don’t show jealousy.”
—D.W. Winnicott (20th century)