Hugo Black,
Shapiro v. Doe — Dissent
“ The Court hardly puts its best foot forward when it dismisses so substantial an appeal on so technical a ground. I would waive the time defect, note probable jurisdiction, and consider the issue presented in this appeal on the merits. ”
Hugo Black,
Shapiro v. Doe — Dissent
“ Time defects such as this one involving only a failure to comply with the Rules of this Court do not rise to jurisdictional proportions and can be waived by the Court when the interests of justice so require. ”
Hugo Black,
Shapiro v. Doe — Dissent
“ The case comes to this Court on direct appeal taken by Connecticut welfare officials pursuant to the authorization in 28 U.S.C. § 1253. There can be no doubt about the fact that this appeal presents a federal question which should be decided here and that this Court has jurisdiction over the appeal since appellee's statutory claim was initially joined with a constitutional attack upon the Connecticut regulation. ”
