The Griffin v. Illinois case in 1955 was a landmark decision by the U.S Supreme Court that established the principle of "equal protection under law" with respect to access to appellate review. The plaintiffs, two indigent defendants convicted of robbery, were unable to afford a trial transcript necessary for appealing their conviction in Illinois state courts. They argued this violated their Fourteenth Amendment rights as it discriminated against them based on wealth status and denied them equal protection under law. The court ruled in favor of the plaintiffs, stating that states must provide trial transcripts or an equivalent narrative statement for poor defendants wishing to appeal their convictions if such documents are necessary for adequate and effective appellate review.

In the dissenting opinion for Griffin v. Illinois, Justice Felix Frankfurter argued that the majority's decision to provide free transcripts for indigent defendants was a well-intentioned but misguided attempt at social reform. He contended that it is not within the purview of courts to correct societal inequalities and believed this responsibility should fall on legislatures instead. Additionally, he expressed concern over potential implications of this ruling, including an increase in frivolous appeals and unnecessary burdens on state resources. Furthermore, he disagreed with the majority's interpretation of equal protection under law as requiring identical treatment for all individuals regardless of their financial status; rather than mandating absolute equality, he suggested that justice requires treating like cases alike while acknowledging legitimate differences among individual circumstances.