Thomas v. Virginia/Opinion of the Court

The judgment of the Circuit Court of Arlington County of the Commonwealth of Virginia is reversed and the case is remanded to that court. Blodgett v. Silberman, 277 U.S. 1, 18, 48 S.Ct. 410, 72 L.Ed. 749.

Mr. Justice BLACK dissents for the same reason expressed by Mr. Justice HOLMES in Union Refrigerator Transit Co. v. Kentucky, 199 U.S. 194, 211, 26 S.Ct. 36, 41, 50 L.Ed. 150:

'It seems to me that the result reached by the Court probably     is a desirable one, but I hardly understand how it can be      deducted from the Fourteenth Amendment *  *  * .'