Martin v. Walton/Opinion of the Court

The appeal is dismissed for want of a substantial federal question. Upon plenary consideration, we are satisfied that, both on their face and as applied to appellant, Kan.Gen.Stat., 1949, § 7-104, and amended Kan.Sup.Ct. Rules 41 and 54 promulgated by the Supreme Court of Kansas, acting within its competence under state law, are not beyond the allowable range of state action under the Fourteenth Amendment. See, e.g., Dent v. State of West Virginia, 129 U.S. 114, 9 S.Ct. 231, 32 L.Ed. 623; Graves v. State of Minnesota, 272 U.S. 425, 47 S.Ct. 122, 71 L.Ed. 331; Schware v. Board of Bar Examiners, 353 U.S. 232, 239, 77 S.Ct. 752, 756, 1 L.Ed.2d 796; Hitchcock v. Collenberg, 353 U.S. 919, 77 S.Ct. 679, 1 L.Ed.2d 718; Kovrak v. Ginsburg, 358 U.S. 52, 79 S.Ct. 95, 3 L.Ed.2d 46. We cannot disregard the reasons given by the Kansas Supreme Court for the Rules in question. 187 Kan. 473, 357 P.2d 782. Nor does the fact that the Rules may result in 'incidental individual inequality' make them offensive to the Fourteenth Amendment. Phelps v. Board of Education, 300 U.S. 319, 324, 57 S.Ct. 483, 485, 81 L.Ed. 674.

Appeal dismissed.

THE CHIEF JUSTICE concurs in the result.

Mr. Justice WHITTAKER took no part in the disposition of this case.

Mr. Justice DOUGLAS, with whom Mr. Justice BLACK concurs, dissenting.