steffel
thompson
argued
november
decided
march
petitioner
twice
warned
stop
handbilling
exterior
sidewalk
shopping
center
american
involvement
vietnam
threatened
arrest
police
failed
whose
companion
continued
handbilling
charged
violating
georgia
criminal
trespass
law
brought
action
injunctive
declaratory
relief
district
claiming
application
law
violate
first
fourteenth
amendment
rights
district
dismissed
action
finding
meaningful
contention
made
state
acted
act
bad
faith
therefore
rudiments
active
controversy
parties
lacking
appeals
affirmed
view
younger
harris
made
clear
irreparable
injury
must
measured
harassment
test
must
applied
request
injunctive
relief
threatened
well
pending
state
criminal
prosecution
followed
reasoning
samuels
mackell
test
harassment
prerequisite
declaratory
relief
respect
threatened
prosecution
held
case
presents
actual
controversy
art
iii
constitution
federal
declaratory
judgment
act
alleged
threats
prosecution
circumstances
alleged
imaginary
speculative
unnecessary
petitioner
expose
actual
arrest
prosecution
make
constitutional
challenge
whether
controversy
remains
substantial
continuing
light
effect
recent
reduction
nation
involvement
vietnam
petitioner
desire
engage
handbilling
shopping
center
must
resolved
district
remand
pp
federal
declaratory
relief
precluded
prosecution
based
upon
assertedly
unconstitutional
state
statute
threatened
pending
even
showing
enforcement
special
circumstances
made
pp
state
criminal
proceeding
pending
time
federal
complaint
filed
considerations
equity
comity
federalism
younger
harris
samuels
mackell
supra
based
little
vitality
federal
intervention
result
duplicative
legal
proceedings
disruption
state
criminal
justice
system
federal
intervention
circumstance
interpreted
reflecting
negatively
upon
state
courts
ability
enforce
constitutional
principles
pp
even
appeals
correctly
viewed
injunctive
relief
inappropriate
question
reached
petitioner
abandoned
request
remedy
erred
treating
requests
injunctive
declaratory
relief
single
issue
holding
failure
demonstrate
irreparable
injury
precluded
granting
declaratory
relief
congress
plainly
intended
declaratory
judgment
available
milder
alternative
injunction
test
constitutionality
state
criminal
statutes
pp
determining
whether
appropriate
grant
declaratory
relief
state
criminal
proceeding
pending
immaterial
whether
attack
made
constitutionality
state
criminal
statute
face
applied
cameron
johnson
distinguished
pp
brennan
delivered
opinion
unanimous
stewart
filed
concurring
opinion
burger
joined
post
white
filed
concurring
opinion
post
rehnquist
filed
concurring
opinion
burger
joined
post
howard
moore
argued
cause
petitioner
brief
elizabeth
rindskopf
william
gignilliat
iii
lawrence
cohen
argued
cause
respondents
brief
respondents
hudgens
et
al
dock
davis
justice
brennan
delivered
opinion
state
criminal
proceeding
disputed
state
criminal
statute
pending
federal
plaintiff
time
federal
complaint
filed
younger
harris
samuels
mackell
held
respectively
unless
enforcement
special
circumstances
demonstrated
principles
equity
comity
federalism
preclude
issuance
federal
injunction
restraining
enforcement
criminal
statute
unusual
circumstances
declaratory
judgment
upon
constitutionality
statute
case
presents
important
question
reserved
samuels
mackell
whether
declaratory
relief
precluded
state
prosecution
threatened
pending
showing
enforcement
special
circumstances
made
petitioner
others
filed
complaint
district
northern
district
georgia
invoking
civil
rights
act
jurisdictional
implementation
complaint
requested
declaratory
judgment
pursuant
code
ann
applied
violation
petitioner
first
fourteenth
amendment
rights
injunction
restraining
respondents
solicitor
civil
criminal
dekalb
county
chief
dekalb
county
police
owner
north
dekalb
shopping
center
manager
shopping
center
enforcing
statute
interfere
petitioner
constitutionally
protected
activities
parties
stipulated
relevant
facts
october
petitioner
individuals
distributing
handbills
protesting
american
involvement
vietnam
exterior
sidewalk
north
dekalb
shopping
center
shopping
center
employees
asked
stop
handbilling
leave
declined
police
officers
summoned
officers
told
arrested
stop
handbilling
group
left
avoid
arrest
two
days
later
petitioner
companion
returned
shopping
center
began
handbilling
manager
center
called
police
petitioner
companion
told
failure
stop
handbilling
result
arrests
petitioner
left
avoid
arrest
companion
stayed
however
continued
handbilling
arrested
subsequently
arraigned
charge
criminal
trespass
violation
petitioner
alleged
complaint
although
desired
return
shopping
center
distribute
handbills
done
concern
arrested
violation
parties
stipulated
petitioner
returned
refused
upon
request
stop
handbilling
warrant
sworn
might
arrested
charged
violation
georgia
statute
hearing
district
denied
relief
dismissed
action
finding
meaningful
contention
made
state
acted
future
act
bad
faith
therefore
rudiments
active
controversy
parties
lacking
supp
petitioner
appealed
denial
declaratory
relief
appeals
fifth
circuit
one
judge
concurring
result
affirmed
district
judgment
refusing
declaratory
relief
becker
thompson
recognized
holdings
younger
harris
samuels
mackell
expressly
limited
situations
state
prosecutions
pending
federal
action
commenced
view
younger
harris
made
clear
beyond
peradventure
irreparable
injury
must
measured
bad
faith
harassment
test
must
applied
request
injunctive
relief
threatened
state
criminal
prosecution
well
pending
prosecution
furthermore
since
opinion
samuels
mackell
reasoned
declaratory
relief
normally
disrupt
state
criminal
justice
system
manner
injunctive
relief
followed
test
bad
faith
harassment
prerequisite
declaratory
relief
threatened
prosecution
petition
rehearing
en
banc
denied
three
judges
dissenting
granted
certiorari
reverse
threshold
must
consider
whether
petitioner
presents
actual
controversy
requirement
imposed
art
iii
constitution
express
terms
federal
declaratory
judgment
act
unlike
three
appellees
younger
harris
petitioner
alleged
threats
prosecution
characterized
imaginary
speculative
twice
warned
stop
handbilling
claims
constitutionally
protected
told
police
handbills
shopping
center
disobeys
warning
stop
likely
prosecuted
prosecution
petitioner
handbilling
companion
ample
demonstration
petitioner
concern
arrest
chimerical
poe
ullman
circumstances
necessary
petitioner
first
expose
actual
arrest
prosecution
entitled
challenge
statute
claims
deters
exercise
constitutional
rights
see
epperson
arkansas
moreover
petitioner
challenge
specific
provisions
state
law
provided
basis
threats
criminal
prosecution
cf
boyle
landry
watson
buck
nonetheless
remains
question
continuing
existence
live
acute
controversy
must
resolved
remand
order
today
golden
zwickler
appellee
sought
declaratory
judgment
state
criminal
statute
prohibiting
distribution
anonymous
literature
unconstitutional
appellee
complaint
expressed
desire
distribute
handbills
forthcoming
campaign
congressman
later
learned
congressman
retired
house
representatives
become
new
york
justice
circumstance
found
extant
controversy
since
record
revealed
appellee
sole
target
distribution
congressman
immediate
prospect
congressman
becoming
candidate
public
office
petitioner
complaint
indicates
handbilling
activities
directed
war
vietnam
foreign
policy
southeast
asia
since
ignore
recent
developments
reducing
nation
involvement
part
world
district
remand
determine
subsequent
events
altered
petitioner
desire
engage
handbilling
shopping
center
longer
said
case
presents
substantial
controversy
parties
adverse
legal
interests
sufficient
immediacy
reality
warrant
issuance
declaratory
judgment
maryland
casualty
pacific
coal
oil
see
zwickler
koota
ii
turn
question
whether
district
appeals
correctly
found
petitioner
request
declaratory
relief
inappropriate
sensitive
principles
equity
comity
federalism
recognized
younger
harris
supra
federal
courts
ordinarily
refrain
enjoining
ongoing
state
criminal
prosecutions
cognizant
pending
state
proceeding
unusual
cases
provide
federal
plaintiff
necessary
vehicle
vindicating
constitutional
rights
circumstance
restraining
ongoing
prosecution
entail
unseemly
failure
give
effect
principle
state
courts
solemn
responsibility
equally
federal
courts
guard
enforce
protect
every
right
granted
secured
constitution
robb
connolly
samuels
mackell
supra
also
found
principles
ordinarily
flouted
issuance
federal
declaratory
judgment
state
proceeding
pending
since
intrusive
effect
declaratory
relief
result
precisely
interference
disruption
state
proceedings
policy
limiting
injunctions
designed
avoid
therefore
held
samuels
cases
state
criminal
prosecution
begun
prior
federal
suit
equitable
principles
relevant
propriety
injunction
must
taken
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federal
district
courts
determining
whether
issue
declaratory
judgment
neither
younger
samuels
however
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question
whether
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intervention
might
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absence
pending
state
prosecution
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said
express
view
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courts
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prosecution
pending
state
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time
federal
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suit
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comity
federalism
little
force
absence
pending
state
proceeding
lake
carriers
assn
macmullan
state
criminal
proceeding
pending
time
federal
complaint
filed
federal
intervention
result
duplicative
legal
proceedings
disruption
state
criminal
justice
system
federal
intervention
circumstance
interpreted
reflecting
negatively
upon
state
ability
enforce
constitutional
principles
addition
pending
state
prosecution
provides
federal
plaintiff
concrete
opportunity
vindicate
constitutional
rights
refusal
part
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courts
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state
proceeding
pending
may
place
hapless
plaintiff
scylla
intentionally
flouting
state
law
charybdis
forgoing
believes
constitutionally
protected
activity
order
avoid
becoming
enmeshed
criminal
proceeding
cf
dombrowski
pfister
state
proceeding
pending
thus
considerations
equity
comity
federalism
little
vitality
propriety
granting
federal
declaratory
relief
may
properly
considered
independently
request
injunctive
relief
appeals
held
injunctive
relief
appropriate
since
petitioner
failed
demonstrate
irreparable
injury
traditional
prerequisite
injunctive
relief
dombrowski
pfister
supra
followed
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also
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even
appeals
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need
reach
today
since
petitioner
abandoned
request
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see
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erred
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requests
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relief
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issue
hen
state
prosecution
pending
question
whether
declaratory
relief
appropriate
congressional
scheme
makes
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courts
primary
guardians
constitutional
rights
express
congressional
authorization
declaratory
relief
afforded
less
harsh
abrasive
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become
factors
primary
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perez
ledesma
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opinion
brennan
subject
matter
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courts
greatly
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wake
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war
pervasive
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nationalism
led
enactment
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rights
act
stat
empowering
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courts
determine
constitutionality
actions
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persons
color
state
law
allegedly
depriving
individuals
rights
guaranteed
constitution
federal
law
see
four
years
later
judiciary
act
march
stat
congress
conferred
upon
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courts
second
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history
general
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subject
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citizens
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frankfurter
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emphasis
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statutes
together
decision
ex
parte
young
holding
state
officials
threaten
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statute
may
enjoined
federal
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may
appropriate
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future
state
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prosecutions
unconstitutional
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interference
perez
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parte
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grant
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parte
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hart
wechsler
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courts
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ed
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goldstein
cox
hutcheson
case
three
judges
harv
rev
uproar
partially
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legislation
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perez
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plain
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zwickler
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dombrowski
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perez
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prove
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tanto
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see
great
lakes
huffman
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tax
laws
samuels
mackell
instant
case
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preclude
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compel
requiring
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step
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turn
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claims
premised
required
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see
mcneese
board
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monroe
pape
exhaustion
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case
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prosecution
commenced
iii
respondents
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relying
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cameron
johnson
argue
although
may
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state
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pending
attack
upon
facial
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state
criminal
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step
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merely
upon
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since
state
interest
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laws
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interest
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rights
single
individual
reject
argument
cameron
johnson
appellants
sought
declaratory
judgment
mississippi
law
overly
broad
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regulation
protected
expression
injunction
restraining
pending
prosecutions
violations
statute
agreed
district
statute
overly
broad
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nothing
record
supported
appellants
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prosecuted
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faith
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held
mere
possibility
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amount
irreparable
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justify
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proceedings
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guilt
innocence
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criminal
trial
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required
prove
appellants
guilty
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proceeding
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expectation
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state
courts
prosecutions
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pending
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criminal
laws
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pending
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proceeding
federal
plaintiff
may
seek
declaratory
judgment
state
statute
applied
violation
constitutional
rights
indeed
state
concern
potential
interference
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criminal
laws
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dimension
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made
upon
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statute
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judgment
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state
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toto
therefore
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therefore
person
properly
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construction
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photographs
gooding
wilson
likely
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enforcement
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declaration
specifying
limited
number
impermissible
applications
statute
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interest
may
greater
state
statute
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face
since
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potential
eliminating
deterrent
effect
actors
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dombrowski
pfister
find
consideration
controlling
solitary
individual
suffers
deprivation
constitutional
rights
less
deserving
redress
one
suffers
together
others
therefore
hold
regardless
whether
injunctive
relief
may
appropriate
federal
declaratory
relief
precluded
state
prosecution
pending
federal
plaintiff
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genuine
threat
enforcement
disputed
state
criminal
statute
whether
attack
made
constitutionality
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face
applied
judgment
appeals
reversed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
person
commits
criminal
trespass
intentionally
damages
property
another
without
consent
damage
thereto
less
knowingly
maliciously
interferes
possession
use
property
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person
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consent
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criminal
trespass
knowingly
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authority
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upon
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premises
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watercraft
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purpose
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aircraft
watercraft
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person
receiving
notice
owner
rightful
occupant
depart
person
convicted
criminal
trespass
shall
punished
misdemeanor
hearing
district
petitioner
testified
another
occasion
prior
june
also
threatened
arrest
handbilling
shopping
center
time
police
shown
statute
intended
enforce
presumably
advised
oral
argument
trial
petitioner
companion
sandra
lee
becker
stayed
pending
decision
case
see
tr
oral
arg
district
hearing
counsel
police
officers
indicated
arrests
fact
made
warrants
sworn
shopping
center
personnel
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proper
complaint
initially
styled
class
action
named
plaintiffs
petitioner
minor
suing
father
sandra
lee
becker
petitioner
handbilling
companion
prosecution
pending
georgia
statute
see
supra
also
minor
suing
father
atlanta
mobilization
committee
complaint
also
sought
enjoin
plaintiff
becker
pending
prosecution
petitioner
appealed
district
decision
denying
relief
petitioner
notice
appeal
challenged
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injunctive
declaratory
relief
however
appellate
brief
abandoned
appeal
denial
injunctive
relief
becker
thompson
since
complaint
originally
sought
enjoin
enforcement
state
statute
grounds
unconstitutionality
district
convened
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goosby
osser
idlewild
bon
voyage
liquor
epstein
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upon
statute
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department
employment
query
ex
parte
bransford
see
generally
currie
district
constitutional
litigation
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rev
normally
required
even
decision
dismiss
principles
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exercise
discretion
usually
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jones
wade
abele
markle
see
generally
note
district
scope
procedure
section
harv
rev
since
petitioner
request
injunctive
relief
abandoned
appeal
see
supra
request
declaratory
relief
remained
appeals
err
exercising
jurisdiction
appeal
cf
roe
wade
mitchell
donovan
kennedy
stratton
louis
federal
courts
entertained
applications
injunctive
declaratory
relief
absence
pending
state
prosecution
see
thoms
heffernan
supp
wulp
corcoran
crossen
breckenridge
lewis
kugler
anderson
vaughn
supp
even
appeals
fifth
circuit
limited
scope
instant
decision
entertaining
action
declaratory
injunctive
relief
absence
state
prosecution
federal
suit
attacked
facial
validity
state
statute
rather
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statute
applied
see
jones
wade
supra
wisdom
section
provides
case
actual
controversy
within
jurisdiction
except
respect
federal
taxes
upon
filing
appropriate
pleading
may
declare
rights
legal
relations
interested
party
seeking
declaration
whether
relief
sought
declaration
shall
force
effect
final
judgment
decree
shall
reviewable
necessary
proper
relief
based
declaratory
judgment
decree
may
granted
reasonable
notice
hearing
adverse
party
whose
rights
determined
judgment
rule
federal
cases
actual
controversy
must
extant
stages
review
merely
time
complaint
filed
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roe
wade
sec
medical
comm
human
rights
munsingwear
noted
declaratory
judgment
might
serve
basis
issuance
later
injunction
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effect
declaratory
judgment
see
supra
declaratory
judgment
might
res
judicata
effect
pending
state
proceeding
note
cases
injunctive
relief
sought
restrain
imminent
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pending
prosecution
past
conduct
sufficient
injury
found
warrant
injunctive
relief
see
beal
missouri
pacific
spielman
motor
sales
dodge
fenner
boykin
question
however
whether
showing
irreparable
injury
might
made
case
although
prosecution
pending
impending
individual
demonstrates
required
forgo
constitutionally
protected
activity
order
avoid
arrest
compare
dombrowski
pfister
hygrade
provision
sherman
terrace
thompson
douglas
city
jeannette
see
generally
note
implications
younger
cases
availability
federal
equitable
relief
state
prosecution
pending
rev
sensitiveness
rights
fear
rivalry
state
courts
respect
state
sentiment
swept
aside
great
impulse
national
feeling
born
civil
war
nationalism
triumphant
national
administration
sought
vindication
new
exertions
federal
power
longer
trusted
enforcement
state
agencies
frankfurter
landis
business
last
days
john
adams
administration
general
jurisdiction
granted
federal
courts
midnight
judges
act
stat
act
repealed
one
year
later
act
mar
stat
histories
civil
rights
act
judiciary
act
detailed
zwickler
koota
procedure
expedited
review
modeled
expediting
act
stat
requiring
certain
antitrust
cases
certified
attorney
general
particular
public
importance
convened
direct
appeal
well
act
stat
applying
procedure
suits
brought
restrain
annul
set
aside
orders
interstate
commerce
commission
see
hutcheson
case
three
judges
harv
rev
provision
amended
apply
also
interlocutory
injunctions
restraining
enforcement
state
administrative
commission
orders
stat
amended
extend
requirement
provisions
final
hearing
permanent
injunction
thereby
ending
anomalous
situation
single
judge
final
hearing
overrule
decision
three
judges
granting
interlocutory
injunction
stat
statute
codified
made
applicable
actions
seeking
either
preliminary
permanent
injunction
goldstein
cox
see
generally
hart
wechsler
federal
courts
federal
system
ed
wright
federal
courts
pp
ed
professor
borchard
principal
proponent
author
federal
declaratory
judgment
act
said
written
statement
introduced
hearings
act
often
happens
courts
unwilling
grant
injunctions
restrain
enforcement
penal
statutes
ordinances
relegate
plaintiff
option
either
violate
statute
take
chances
testing
constitutionality
criminal
prosecution
else
forgo
fear
prosecution
exercise
claimed
rights
dilemma
civilized
legal
system
operating
constitution
force
person
effect
refusing
injunction
informs
prospective
victim
way
determine
whether
suspect
mushroom
toadstool
eat
assuming
plaintiff
vital
interest
enforcement
challenged
statute
ordinance
reason
declaratory
judgment
issued
instead
compelling
violation
statute
condition
precedent
challenging
constitutionality
hearings
subcommittee
senate
committee
judiciary
see
borchard
declaratory
judgments
ed
pending
prosecution
petitioner
handbilling
companion
affect
petitioner
action
declaratory
relief
roe
wade
pending
prosecution
hallford
texas
abortion
law
found
render
action
declaratory
injunctive
relief
impermissible
prevent
granting
plaintiff
roe
action
pending
declaratory
judgment
statute
unconstitutional
see
lewis
kugler
great
lakes
huffman
employers
sought
declaration
state
unemployment
compensation
scheme
imposing
tax
upon
unconstitutional
applied
although
relying
precise
terms
ed
ousts
district
courts
jurisdiction
enjoin
suspend
restrain
assessment
levy
collection
tax
state
law
plain
speedy
efficient
remedy
may
courts
state
recognizing
unique
effects
anticipatory
adjudication
tax
administration
held
declaratory
relief
withheld
taxpayer
provided
opportunity
maintain
refund
suit
payment
disputed
tax
contrast
statutory
counterpart
applicable
intervention
state
criminal
prosecutions
perez
ledesma
separate
opinion
brennan
abstention
question
entirely
separate
question
granting
declaratory
injunctive
relief
lake
carriers
assn
macmullan
might
appropriate
challenge
made
state
statute
applied
rather
upon
face
since
reach
uncertain
state
statute
might
circumstance
susceptible
limiting
clarifying
construction
avoid
federal
constitutional
question
cf
zwickler
koota
baggett
bullitt
two
years
petitioner
attempted
handbill
shopping
center
respondent
hudgens
owner
center
commenced
action
superior
fulton
county
seeking
declaration
rights
concerning
center
rules
handbilling
related
activities
advised
oral
argument
state
action
dismissed
trial
appeal
pending
georgia
since
require
petitioner
first
seek
vindication
federal
rights
state
declaratory
judgment
action
see
lake
carriers
assn
macmullan
supra
wisconsin
constantineau
consideration
abstention
district
inappropriate
unless
action
commenced
respondent
hudgens
shown
present
substantial
immediate
possibility
obviating
petitioner
federal
claim
decision
state
law
grounds
cf
askew
hargrave
reetz
bozanich
justice
stewart
chief
justice
joins
concurring
joining
opinion
add
word
way
emphasis
decision
today
must
understood
authorizing
invocation
federal
declaratory
judgment
jurisdiction
person
thinks
state
criminal
law
unconstitutional
even
genuinely
feels
chilled
freedom
action
law
existence
even
honestly
entertains
subjective
belief
may
future
prosecuted
stated
younger
harris
power
duty
judiciary
declare
laws
unconstitutional
final
analysis
derived
responsibility
resolving
concrete
disputes
brought
courts
decision
petitioner
case
succeeded
objectively
showing
threat
imminent
arrest
corroborated
actual
arrest
companion
created
actual
concrete
controversy
agents
state
therefore
demonstrated
genuine
threat
enforcement
disputed
state
criminal
statute
cases
genuine
threat
demonstrated
think
exceedingly
rare
see
ante
whether
view
recent
developments
controversy
continuing
one
district
determine
remand
see
ante
justice
white
concurring
offer
following
words
light
justice
rehnquist
concurrence
discusses
impact
pending
federal
action
later
filed
criminal
prosecution
federal
plaintiff
whether
federal
may
enjoin
state
criminal
prosecution
statute
federal
earlier
declared
unconstitutional
suit
defendant
prosecuted
question
whether
declaratory
judgment
res
judicata
later
filed
state
criminal
action
noted
first
views
issues
neither
expressly
impliedly
embraced
opinion
filed
today
second
tentative
views
questions
somewhat
contrary
brother
writing
least
anticipate
final
declaratory
judgment
entered
federal
holding
particular
conduct
federal
plaintiff
immune
federal
constitutional
grounds
prosecution
state
law
accorded
res
judicata
effect
later
prosecution
conduct
also
think
additional
circumstances
federal
judgment
considered
mere
precedent
bearing
issue
state
neither
stage
agree
federal
rendered
declaratory
judgment
favor
plaintiff
enjoin
later
state
prosecution
conduct
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declared
immune
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judgment
act
provides
declaration
shall
force
effect
final
judgment
decree
eminent
authority
anticipated
declaratory
judgments
res
judicata
borchard
declaratory
judgments
ed
every
reason
reducing
declaratory
judgments
mere
advisory
opinions
toucey
new
york
life
insurance
expressed
view
forbade
injunctions
relitigation
state
courts
federally
decided
issues
section
amended
overrule
case
consequence
clear
toucey
rule
gone
protect
effectuate
judgment
federal
may
enjoin
relitigation
state
wright
federal
courts
ed
see
reason
hold
federal
plaintiff
must
always
rely
solely
plea
res
judicata
state
courts
statute
provides
urther
necessary
proper
relief
adverse
party
whose
rights
determined
judgment
seem
improper
enjoin
local
prosecutors
refuse
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adverse
federal
judgments
finally
think
federal
suit
challenging
state
criminal
statute
federal
constitutional
grounds
sufficiently
far
along
ordinary
consideration
economy
warrant
refusal
dismiss
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case
solely
state
prosecution
subsequently
filed
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question
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litigated
justice
rehnquist
chief
justice
joins
concurring
concur
opinion
although
reading
legislative
history
declaratory
judgment
act
suggests
primary
purpose
enable
persons
obtain
definition
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actual
injury
occurred
rather
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controversy
arising
ex
parte
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congress
apparently
aware
time
passed
act
persons
threatened
state
criminal
prosecutions
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choose
forgo
offending
conduct
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seek
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declaration
rights
use
declaratory
judgment
procedure
circumstances
presented
case
seems
consistent
congressional
expectation
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first
opportunity
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law
content
let
matter
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cases
abundantly
illustrate
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litigation
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decisions
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path
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accurately
described
sinuous
attempting
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principles
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judgment
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proper
regard
relationship
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state
federal
judiciary
systems
acted
advance
limit
act
compare
aetna
life
ins
haworth
zwickler
koota
great
lakes
huffman
samuels
mackell
opinion
today
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read
resourceful
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less
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curve
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feel
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emphasize
opinion
say
begin
seems
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authority
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injunctive
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quite
properly
leaves
another
day
whether
granting
declaratory
judgment
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subsequent
res
judicata
effect
perhaps
support
issuance
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possible
resolutions
issues
substantially
undercut
principles
federalism
reaffirmed
younger
harris
preserved
decision
today
feel
appropriate
add
remarks
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legislative
history
declaratory
judgment
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opinion
case
recognize
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judgment
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pursuit
arguably
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activity
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act
history
suggest
congress
intended
provide
persons
wishing
violate
state
laws
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shield
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conduct
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believe
federal
plaintiff
declaratory
judgment
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complaint
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samuels
supra
plaintiff
continues
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state
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state
prosecution
risk
dismissal
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lawsuit
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resolution
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action
constitute
pending
prosecution
bar
declaratory
relief
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samuels
second
believe
today
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properly
raised
support
issuance
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injunction
based
upon
favorable
declaratory
judgment
description
declaratory
relief
milder
alternative
injunction
remedy
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intrusive
effect
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state
criminal
laws
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ante
indicates
critical
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make
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relief
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totally
obscure
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distinctions
successful
application
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relief
came
regarded
conclusion
lawsuit
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step
toward
obtaining
injunction
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criminal
prosecution
availability
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relief
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toward
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policies
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often
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samuels
turned
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reach
conclusion
constitutionality
challenged
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statute
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statute
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applied
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plaintiff
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judgment
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except
statutes
flagrantly
patently
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express
constitutional
prohibitions
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clause
sentence
paragraph
younger
harris
supra
rationale
cases
basis
direction
federal
courts
interfere
state
prosecutions
vary
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closeness
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issue
degree
confidence
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point
decisions
instead
depend
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considerations
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regard
state
interest
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previously
issued
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result
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judgment
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class
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whereas
similar
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considerations
federalism
pro
tanto
repeal
provision
declaratory
judgment
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pro
tanto
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writs
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judgment
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supplemented
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authorities
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compelled
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penalties
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plaintiff
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value
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prove
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defendant
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consideration
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charged
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precisely
concerns
discussed
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recited
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attempts
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claiming
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se
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notes
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brother
brennan
separate
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perez
ledesma
persuasive
force
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opinion
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may
lead
state
prosecutors
courts
legislators
reconsider
respective
responsibilities
toward
statute
enforcement
policies
judicial
construction
may
changed
legislature
may
repeal
statute
start
anew
emphasis
added
declaratory
judgment
remains
think
declaratory
judgment
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intended
simple
declaration
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used
merely
dramatic
tactical
maneuver
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state
defendant
seeking
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delays
force
state
officials
try
cases
time
time
first
federal
courts
state
courts
believe
congress
desired
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results
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today
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read
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decision
stand
sensible
proposition
potential
state
defendant
threatened
prosecution
charged
state
confronted
possible
violation
criminal
laws
may
benefit
procedure
provides
declaration
rights
without
activation
criminal
process
federal
finds
threatened
prosecution
depend
upon
statute
judges
unconstitutional
state
may
decide
forgo
prosecution
similar
conduct
future
believing
judgment
persuasive
state
prosecutors
find
decision
persuasive
enough
justify
forbearance
successful
federal
plaintiff
least
able
bolster
allegations
unconstitutionality
state
trial
decision
federal
district
immediate
locality
state
courts
may
find
reasoning
convincing
even
though
prosecutors
finally
course
state
legislature
may
decide
basis
federal
decision
statute
better
amended
repealed
possible
avenues
relief
reached
voluntarily
completely
consistent
concepts
federalism
discussed
intrusive
forms
relief
routinely
available
considerations
prove
highly
significant
reaching
future
decisions
based
upon
decision
rendered
today
present
enough
say
petitioner
successfully
establishes
existence
continuing
controversy
remand
may
maintain
action
declaratory
judgment
district
report
accompanying
senate
version
bill
stated
procedure
especially
useful
avoiding
necessity
often
present
act
one
peril
act
one
interpretation
rights
abandon
one
rights
fear
incurring
damages
often
necessary
absence
declaratory
judgment
procedure
violate
purport
violate
statute
order
obtain
judicial
determination
meaning
validity
persons
often
act
peril
danger
frequently
avoided
ability
sue
declaratory
judgment
rights
duties
samuels
mackell
expressed
concern
declaratory
judgment
issued
state
prosecution
pending
might
serve
basis
subsequent
injunction
proceedings
recognized
chain
litigation
result
clearly
improper
interference
state
proceedings
ibid
discussed
infra
believe
improper
interference
present
even
though
declaratory
judgment
issued
prior
time
federal
plaintiff
arrest
opinion
notes
possible
res
judicata
effect
federal
declaratory
judgment
subsequent
state
prosecution
question
free
difficulty
ante
express
opinion
issue
however
note
federal
decision
accorded
stare
decisis
effect
state
subsequent
proceeding
within
federal
jurisdiction
although
state
compelled
follow
federal
holding
opinion
might
course
viewed
highly
persuasive
opinion
says
sensitive
principles
equity
comity
federalism
recognized
younger
harris
federal
courts
ordinarily
refrain
enjoining
ongoing
state
criminal
prosecutions
cognizant
pending
state
proceeding
unusual
cases
provide
federal
plaintiff
necessary
vehicle
vindicating
constitutional
rights
circumstance
restraining
ongoing
prosecution
entail
unseemly
failure
give
effect
principle
state
courts
solemn
responsibility
equally
federal
courts
guard
enforce
protect
every
right
granted
secured
constitution
robb
connolly
ante