Abe Fortas (later a Supreme Court justice himself) was assigned to represent Gideon. Florida Assistant Attorney General Bruce Jacob was assigned to argue against Gideon. Fortas argued that a common man with no training in law could not go up against a trained lawyer and win, and that "you cannot have a fair trial without counsel." Jacob argued that the issue at hand was a state issue, not federal; the practice of only appointing counsel under "special circumstances" in non-capital cases sufficed; that thousands of convictions would have to be thrown out if it were changed; and that Florida had followed for 21 years "in good faith" the 1942 Supreme Court ruling in "Betts v. Brady".