William O. Douglas,
Cruz v. Hauck — Concurrence
“ Respondent offers none but simply repeats the discredited maxim that paupers' appeals are privileges, not rights. [14] Thus, I would not remand this case on the limited ground that the Court of Appeals may have underestimated the weight of the petitioners' claim. Rather, I would hold that upon a showing of poverty courts of appeals henceforth must waive prepayment and may not inquire into whether an appeal may eventually pose a fruitful issue, at least in cases, such as this one, involving fundamental civil liberties. ”
