Ohio Ex Rel. Eaton v. Price
Headline: Allows full briefing and oral argument on an Ohio law by noting probable jurisdiction, opening possible reconsideration of a recent decision despite four Justices saying that earlier case controls.
Holding: The Court noted probable jurisdiction and ordered full briefing and argument, allowing plenary review despite several Justices asserting Frank v. Maryland controls.
- Requires full briefing and oral argument on the Ohio statute
- Keeps the recent Frank ruling subject to possible reconsideration
- Leaves the constitutional outcome undecided for now
Summary
Background
An individual who was convicted under an Ohio law asked the Court to review that conviction after the Ohio Supreme Court decision. The Ohio statute at issue carries a maximum $200 fine or up to 30 days in jail. The appeal arrived shortly after the Court decided Frank v. Maryland, which involved a similar law with a $20 penalty, and the parties treated the cases as raising the same constitutional questions.
Reasoning
The immediate question was whether the Court should note probable jurisdiction and bring the Ohio case to full briefing and oral argument even though some Justices thought the recent Frank decision controlled. The Court’s practice is to note probable jurisdiction when four or more Justices want full consideration. The per curiam order noted probable jurisdiction, so the case will receive full briefs and argument, while several Justices filed memoranda saying they would have summarily affirmed based on Frank.
Real world impact
By allowing full briefing and argument, the Court ensures the Ohio law’s constitutional challenge will be heard by the full Court and could lead the Justices to confirm or modify the recent Frank ruling. This order is procedural, not a final decision on the constitutional question, so the ultimate outcome remains undecided and could affect people subject to similar state statutes.
Dissents or concurrances
Four Justices (Frankfurter, Clark, Harlan, and Whittaker) filed memoranda saying Frank v. Maryland controls and they would have affirmed; Justice Stewart did not participate.
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