Supreme Court Justices are paid to decide difficult cases. In 1951, however, Justice Felix Frankfurter heard a case he couldn’t decide.^a His brethren voted to affirm the decision of the court below. But Justice Frankfurter couldn’t make up his mind. So he took the unusual—perhaps unique—step of filing an opinion neither affirming nor reversing, but dubitante, in doubt.

Editors are supposed to have opinions. That’s what they editorialize about. And BAR’s editor is certainly not shy about expressing his opinions—forcefully and unequivocally. But on the subject about which I write now, I must file dubitante. Perhaps some readers will come to my aid.