In Re Summers, 325 U.S. 561 (1945)

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In re Summers


No. 205


Argued April 27, 30, 1945
Decided June 11, 1945
325 U.S. 561

CERTIORARI TO THE SUPREME COURT OF ILLINOIS

Syllabus

1. The Illinois Supreme Court’s refusal, on the merits, of petitioner’s application for admission to the practice of law, although the matter was not regarded by that court as a judicial proceeding, held to involve a case or controversy within the judicial power under Art. III, § 1, cl. 1 of the Federal Constitution. P. 566.

2. Refusal of an application for admission to the practice of law in a State on the ground that the applicant would be unable in good faith to take the required oath to support the constitution of the State, because of conscientious scruples resulting in unwillingness to serve in the state militia in time of war, held not a denial of any right of the applicant under the First and Fourteenth Amendments of the Federal Constitution. P. 571.

Affirmed.

Certiorari, 323 U.S. 705, to review the action of the Supreme Court of Illinois in refusing petitioner’s application for admission to the bar.