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In the case of Maryland v. Soper, 1925, the Supreme Court ruled on a dispute between federal and state jurisdiction. The State of Maryland had charged two federal prohibition agents with murder after they killed a man during an arrest attempt. However, Judge Morris A. Soper dismissed their indictment in his capacity as a Federal District judge under Section 33 of the Judicial Code which allows for removal to federal court if it is alleged that acts were done under color of office by officers or persons acting under them. The Supreme Court held that this was not applicable since there was no allegation that any act committed by these defendants was beyond their authority as Prohibition Agents; thus they could not claim immunity from prosecution by state authorities for crimes allegedly committed while performing duties within scope of employment. Furthermore, it stated that even though these men were enforcing national law when incident occurred, this did not exempt them from liability to criminal justice laws in states where actions took place unless specifically provided so by Congress - which hadn't been done here. Therefore, Judge Soper's dismissal order was reversed and remanded back to him with instructions to reinstate indictments against both agents.
In the dissenting opinion for Maryland v. Soper, Justice McReynolds expressed concern over the majority's decision to grant federal officers immunity from state prosecution when performing their duties. He argued that this could potentially lead to abuses of power and a lack of accountability for federal officials who violate state laws. Furthermore, he contended that such a ruling undermines states' rights and sovereignty by preventing them from enforcing their own laws within their jurisdiction. This, according to Justice McReynolds, contradicts the principles of federalism upon which the United States was founded on - where both state and national governments have distinct areas of authority with neither being superior over another in its respective sphere.