in re DISBARMENT OF ISSERMAN (348 U.S. 1)
U.S. Supreme Court · decided October 14, 1954 · Supreme Court Database (Spaeth)
- Citation
- 348 U.S. 1 · 75 S. Ct. 6
- Docket
- No. 5 M
- Decided
- October 14, 1954
- Term
- October Term 1954
- Vote
- 3–3
- Issue area
- Attorneys
- Disposition
- Stay, petition, or motion granted
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
- Precedent
- This decision overruled or formally altered earlier precedent
How the Justices voted
- Majority
- Justice Black, Justice Douglas, Justice Frankfurter
- Dissenting
- Justice Burton (wrote), Justice Reed (wrote), Justice Minton
Opinion excerpt
Per Curiam. April 6, 1953, an order was entered disbarring Isserman from the practice of law in this Court pursuant to Rule 2, par. 5, of this Court’s Rules then in effect. See In re Isserman, 345 U. S. 286. The order of disbarment is now before us on a petition for rehearing. Rule 8 of our present Rules provides that “no order of disbarment will be entered except with the concurrence of a majority of the justices participating.” The petition for rehearing is granted. A majority of the Justices participating do not find ground for disbarment of Isserman. Accordingly, the former order of disbarment is set aside and the rule against Isserman to show cause is discharged. Mr. Justice Burton, with whom Mr. Justice Reed and Mr. Justice Minton join, dissents for the reasons stated in the opinion announced by Mr. Chief Justice Vinson, April 6, 1953, in In re Isserman, 345 U. S. 286. Mr. Justice Reed also calls attention to his dissent in Sacher v. Association of the Bar, 347 U. S. 388, 390. The Chief Justice and Mr. Justice Clark did not participate in the consideration or decision of this matter.
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