In the 1912 case of Crenshaw v. State of Arkansas, the U.S Supreme Court ruled on an issue related to double jeopardy and due process rights under the Fourteenth Amendment. The defendant, Crenshaw, was initially charged with murder in Arkansas state court but found guilty of a lesser charge - manslaughter. However, upon appeal by both parties (Crenshaw seeking acquittal and the state seeking a murder conviction), he was retried and convicted for murder instead. The Supreme Court held that this did not violate his constitutional protection against double jeopardy since it is permissible under common law principles for an appellate court to order a new trial when there has been an error prejudicial to the rights of the government as well as those accused. Furthermore, they concluded that no violation occurred regarding due process because such procedures were part of Arkansas's legal system at that time.

In the dissenting opinion for Crenshaw v. State of Arkansas, Justice Holmes argued that the majority's decision to uphold a state law banning interracial cohabitation was an overreach of judicial power and a violation of individual liberties. He contended that such laws were based on prejudice rather than any legitimate public interest and thus should not be upheld by the court. Furthermore, he believed that it was not within the purview of courts to legislate morality or enforce social norms through legal means. Instead, he advocated for a more restrained approach in which courts would defer to individual rights and freedoms unless there was clear evidence of harm or danger to society at large.