Justice John Harlan II, joined by Charles Whittaker, found the State court ruling so ambiguous that they preferred to return the case to the lower court for clarification.
He married Evangline Holcombe Walker; their daughter Ethel married John Marshall Harlan II, who became an Associate Justice of the Supreme Court of the United States in 1954.
Justice John Marshall Harlan II dissented, suggesting the case be sent back for retrial, which would investigate the constitutional requirements for legislative districts.
John Marshall Harlan II (1899–1971), his grandson, US Supreme Court Justice, 1955–1971
Nixon was shortly afterward faced with two new vacancies on the high bench due to the retirements of John Marshall Harlan and Hugo Black in 1971.
Lewin was law clerk to Chief Judge J. Edward Lumbard of the United States Court of Appeals for the Second Circuit (1960–1961) and to Associate Justice John M. Harlan of the Supreme Court of the United States (1961–1962).
Justice Harlan wrote a brief concurrence, in which he agreed with Brennan's discussion of pendent jurisdiction, but disagreed with his interpretation of the standard of proof required for a claim under the Norris-LaGuardia Act.
In Katz v. United States, Justice Harlan evolved a two-prong test to determine when an object may be the subject of a Fourth Amendment protection.
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During his two terms in office, President Dwight D. Eisenhower appointed five members of the Supreme Court of the United States: Chief Justice Earl Warren, and Associate Justices John Marshall Harlan, William Brennan, Charles Evans Whittaker, and Potter Stewart.
The Case was argued in front of the Warren Court whose members were: Earl Warren; Hugo Black; Stanley Reed; Felix Frankfurter; William O. Douglas; Harold Burton; Tom C. Clark; Sherman Minton; and John Marshall Harlan II.