“ I know of no constitutional power which permits a state to force a citizen into such a dilemma, and I think the most elementary conception of due process under the Fourteenth Amendment forbids any such action. ”

“ It is definitely not 'well-settled Illinois law' that a waiver results in these circumstances. In all of the cases cited in the opinion of the Court and in respondent's brief the petitioner initially sought review in the intermediate appellate court. In none did he do so only after having the state supreme court deny as application for review. There is no 'well-settled Illinois law' to the effect that two applications to the state supreme court must be made in order to avoid waiver of constitutional rights. ”

“ Of course the state supreme court judgment is final when it settles all the state issues as well as the federal issues.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”

“ It rested rather on the grounds that the 'filing of said scurrilous affidavit and exhibits * * * constitutes an obstruction of justice and an abuse of the (court's) processes, and tended to lessen (its) dignity and authority * * *.' Obviously the mere filing of documents not scurrilous could have given no ground for entering or sustaining such an order. ”

“ See 328 Ill.App. 46, 65 N.E.2d 457 and 396 Ill. 583, 72 N.E.2d 848.↑ That case declared that the state procedure 'should bind us, unless so unfair or unreasonable in its application to those asserting a federal right as to obstruct it.' 269 U.S. 190, 195, 46 S.Ct. 90, 91,7 0 L.Ed. 229.↑ These questions are discussed in 328 Ill.App. 46, 65 N.E.2d 457 and 396 Ill. 583, 72 N.E.2d 848.↑ Cf. Prudential Ins. Co. of America v. ”