ASSOCIATE JUSTICE FELIX FRANKFURTER - TYPED LETTER SIGNED 11/03/1950 - HFSID 257109

FELIX FRANKFURTER
His vote being required to bring the case of Harding v. United States to the Supreme Court, the Associate Justice tells the Chief Justice he votes to deny the petition for certiorari.
Typed Letter Signed: "F.F." as Associate Justice of the Supreme Court, 1p, 8x10½. Washington, D.C., 1950 November 3. To Chief Justice Fred M. Vinson. Begins: "Dear Chief". In full: "I thoughtlessly so framed my inquiry regarding No. 176, Harding v. United States, as to ask the brethren to state whether they would affirm or reverse instead of whether they would grant or deny certiorari, and if it was to be granted whether they would reverse summarily or after argument. The returns indicate that that (sic) five of the Brethren would affirm the case if it came here. That being so, it would require my vote to bring the case here. In view of the prevailing views of the Court I do not feel warranted in voting to bring the case here. I therefore vote to deny the petition for certiorari." Certiorari is a writ issued to call up the records of an inferior court or remove a case there pending to a higher court. The Brethren are his brothers on the Supreme Court, i.e., the other Justices. Felix Frankfurter was appointed Associate Justice by President Franklin D. Roosevelt on January 20, 1939. He retired in 1962. Communications between Supreme Court Justices relating to court cases rarely appear on the market and are extremely desirable. Lightly creased. Fine condition.