Earl Warren

“ I cannot agree that the invalidity of the Board's action is cured by the Pennsylvania Supreme Court's conclusion that the dismissal was 'justified' if any charge against petitioner was sustained. Whether the first refusal alone would 'justify' the discharge we need not decide. ”

“ This Court has previously held that where a conclusion of guilt may rest on a constitutionally impermissible basis, the adjudication must be set aside, notwithstanding a state court's conclusion that permissible bases existed on which the decision might have rested. ”