Sequel to the rehearing in the Covert and Krue-ger cases.

• Jurisdiction: United States

Section 174. Sequel to the rehearing in the Covert and Krue-ger cases.—Supreme Court Rule 58 (1) states that "A petition for rehearing * * * will not be granted, except at the instance of a justice who concurred in the judgment or decision and with the concurrence of a majority of the court."

Inasmuch as there were five votes against the petitioners, and new members of the Court, as a matter of settled practice, do not vote on petitions to rehear cases in which they did not originally participate, success for this particular petition depended on at least one of the former majority voting to rehear.

Well, the petition for rehearing was granted, Mr. Justice Harlan having moved over, for reasons which he subsequently set forth in the reports, 354 U. S. at 65-67. The student of the judicial process should examine those comments in the light of the petition for rehearing, bearing in mind always that what is urged in chambers and in the conference by other judges may well be more persuasive ultimately than the contentions a licked...