In the 1964 case of Schlagenhauf v. Holder, bus driver Edward Schlagenhauf was sued by multiple passengers after a crash. The plaintiffs requested that he undergo mental and physical examinations to determine his fitness at the time of the accident. Under Rule 35 of Federal Rules for Civil Procedure, such an examination can be ordered only upon showing "good cause." District Judge S. Hugh Dillin granted this request without requiring proof from plaintiffs demonstrating good cause for these exams. Schlagenhauf appealed to the Supreme Court arguing that Judge Dillin had overstepped his authority under Rule 35 by ordering him to submit to these tests without sufficient evidence indicating their necessity. The Supreme Court agreed with Schlagenhauf's argument and held that a district court judge cannot order someone involved in litigation to undergo medical examinations unless there is substantial justification or 'good cause' shown by those requesting it. The decision clarified how Rule 35 should be applied, emphasizing its purpose as not intended for routine use but rather when specific conditions are met - primarily when health issues are genuinely contested within a lawsuit.

In the dissenting opinion for Schlagenhauf v. Holder, Justice Goldberg argued that the majority's interpretation of Rule 35 was too broad and could potentially infringe upon a person's right to privacy. He expressed concern about allowing mental or physical examinations without sufficient cause or clear guidelines on what constitutes "good cause." He also disagreed with the majority’s view that an individual can be subjected to such examination merely because he is a defendant in a lawsuit involving potential damages for personal injuries. Furthermore, Justice Goldberg criticized the court's decision as it did not provide any guidance on how lower courts should determine whether there is good cause for ordering these types of examinations. Lastly, he emphasized his belief that Rule 35 should only apply when there are genuine disputes over medical facts which cannot be resolved by other means.