William O. Douglas

“ It still remains a mystery how some convicted people are given new trials for unconstitutional convictions and others are kept in jail without any hope of relief though their complaints are equally meritorious. At least the Court should not say as respects Katz that it is given 'wholly prospective application,' when it was made retroactive in his case. ”

“ Desist v. United States
Argued: Nov. 12, 1968. --- Decided: March 24, 1969
Mr. Justice DOUGLAS, dissenting.
It is a mystery to me why Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576, which was given retroactive effect to petitioner Katz will not be given retroactive effect to petitioner Desist and his copetitioners. That does not seem to me to be the administration of justice with an even hand. I would understand today's ruling if in Katz we had announced a new constitutional search-and-seizure rule to be applied prospectively in all cases. But we did not do that ”

“ Where the spirit is strong, there has heretofore been no impediment to producing only dictum through a 'case or controversy.' Indeed that tradition started with Marbury v. Madison, 1 Cranch 137, 2 L.Ed. ”