In the United States v. Kras case of 1972, the U.S. Supreme Court ruled that it was not unconstitutional for bankruptcy courts to charge filing fees. The petitioner, George Kras, argued that these fees violated his Fifth Amendment rights by denying him equal protection and due process under the law because he could not afford them. However, in a 5-4 decision led by Justice Hugo Blackmun, the court held that there was no constitutional requirement for waiving such fees in bankruptcy cases as they were part of a self-supporting system designed to defray administrative costs rather than being punitive or discriminatory against those who couldn't pay them outright. The court also noted that alternative payment plans existed which allowed individuals like Kras to pay over time if unable to do so upfront.

In the dissenting opinion for United States v. Kras, Justice Thurgood Marshall argued that the majority's decision failed to recognize the significant burden placed on indigent individuals by bankruptcy filing fees. He contended that this fee could be prohibitive for those in severe financial distress and thus deny them access to relief provided by bankruptcy laws. Furthermore, he criticized the majority's comparison of these fees with other living expenses as irrelevant and misleading since such costs are unavoidable necessities while a fee is an additional burden imposed by government action. He also rejected their assertion that waiving fees would strain public resources, noting there was no evidence presented to support this claim. Lastly, he expressed concern over how this ruling might affect future cases involving access to courts for poor people.