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Quotation from Mapp v. Ohio by Supreme Court of the United States
“In overruling the Wolf case, the Court, in my opinion, has forgotten the sense of judicial restraint which, with due regard for stare decisis, is one element that should enter into deciding whether a past decision of this Court should be overruled.”
Mapp v. Ohio, Dissent of Justice Harlan, opening (U.S. Reports text (Wikisource))
Justice Harlan, joined by Frankfurter and Whittaker, opens his dissent by objecting to the manner of overruling Wolf.
Citation: "In overruling the Wolf case, the Court, in my opinion, has forgotten the sense of judicial restraint which, with due regard for stare decisis, is one element that should enter into deciding whether a past decision of this Court should be overruled." — Supreme Court of the United States, Mapp v. Ohio, Dissent of Justice Harlan, opening (U.S. Reports text (Wikisource)). (id mapp-v-ohio-q5)
Portrait: Official portrait of Associate Justice Tom C. Clark, Supreme Court of the United States (cropped), Unknown photographer, Public domain.
