In the case of Rhodes, James A., et al. v. Stewart, Larry (1988), the U.S Supreme Court addressed a dispute over whether or not prison officials could be held liable for violating an inmate's Eighth Amendment rights by housing him in double cell occupancy with another prisoner who smoked cigarettes. The plaintiff, Larry Stewart, argued that his health was being adversely affected due to exposure to secondhand smoke and this constituted cruel and unusual punishment under the Eighth Amendment. However, the court ruled against Stewart stating that he failed to show deliberate indifference on part of prison officials towards his health concerns as required by Estelle v Gamble precedent which established that only "deliberate indifference" constitutes violation of Eight Amendment rights in context of medical care in prisons.

In the dissenting opinion for Rhodes v. Stewart, Justice John Paul Stevens argued that the majority's decision was a misuse of judicial power and an overreach into legislative territory. He contended that it was not within the Court's purview to decide whether or not a prisoner should be allowed to file lawsuits without paying filing fees, as this is something determined by Congress. Furthermore, he criticized the majority for their lack of consideration towards prisoners' rights and access to justice, stating that their ruling could potentially discourage legitimate claims from being filed due to financial constraints. In his view, such an approach contradicts fundamental principles of equal protection under law.