351 U.S. 936 (1956), 244, Konigsberg v. The State Bar of California

Docket Nº:No. 244.
Citation:351 U.S. 936, 76 S.Ct. 832, 100 L.Ed. 1464
Party Name:Raphael KONIGSBERG, petitioner, v. the STATE BAR OF CALIFORNIA and the Committee of Bar Examiners of the State Bar of California.
Case Date:May 21, 1956
Court:United States Supreme Court
 
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Page 936

351 U.S. 936 (1956)

76 S.Ct. 832, 100 L.Ed. 1464

Raphael KONIGSBERG, petitioner,

v.

the STATE BAR OF CALIFORNIA and the Committee of Bar Examiners of the State Bar of California.

No. 244.

United States Supreme Court.

May 21, 1956

Former decision, 350 U.S. 957, 76 S.Ct. 346.

COUNSEL

Page 937

Messrs. Edward Mosk and Samuel Rosenwein, for petitioner.

Mr. Frank B. Belcher, for respondents.

OPINION

Petition for writ of certiorari to the Supreme Court of California granted. In addition to the merits, counsel are invited to consider, in their briefs and upon oral argument, the following questions relating to the jurisdiction of this 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, 28 U.S.C.A. § 1257?

(3) Assuming the latter, was the determination of the Supreme Court of California based upon a rejection of claims arising under the 14th 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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