KONIGSBERG
v.
STATE BAR OF CALIFORNIA ET AL.

U.S. | 1956-05-21
No. 244
351 U.S. 936 Supreme Court of the United States (1956)

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Synopsis

The Supreme Court granted certiorari in this case involving an applicant's challenge to the California State Bar's denial of bar admission and invited the parties to address jurisdictional questions regarding whether the state court's refusal to review the denial constituted a final judgment and whether the state court rejected constitutional claims under the Fourteenth Amendment.


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Opinion of the Court

(1) Were petitioner’s claims under the United States Constitution duly raised before the Supreme Court of California?

(2) Was the Supreme Court of California’s denial of a petition for a writ of review merely a refusal by that court to exercise its discretionary jurisdiction or is it to be deemed a disposition, “in the nature of a review,” Salot v. State Bar, 3 Cal. 2d 615, 617 [45 P. 2d 203], and as such a final judgment within the meaning of 28 U. S. C. § 1257?

Edward Mosk and Samuel Rosenwein for petitioner. Frank B. Belcher for respondents.

(3) Assuming the latter, was the determination of the Supreme Court of California based upon a rejection of claims arising under the Fourteenth Amendment of the Constitution of the United States, and more particularly, upon an evaluation of the constitutional significance of the evidence summarized under “1” on page '5 through the top of page 8 of the brief filed by the respondents on December 8, 1955, in opposition to the petition for the writ of certiorari herein?


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