Dissenting Opinion by Mr. Justice Roberts: “Our scheme of ordered liberty is based like the common law, on enlightened and uniformly applied legal principle, not on ad hoc notions of what is right or wrong in a particular case.” J. Harlan, Thoughts at a Dedication: Keeping the Judicial Function in Balance, in the Evolution of a Judicial Philosophy 289, 291-92 (D. Shapiro ed., 1969). These time…
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