National Ass'n for the Advancement of Colored People, Inc. v. Bennett

Mr. Justice Douglas, with whom The Chief Justice and Mr. Justice Brennan concur, dissenting.

While I agree that the case should be remanded to the District Court, I think that court should be directed to pass on the constitutional issues presented without prior reference to the state courts. My reasons are stated in my dissent in Harrison v. N. A. A. C. P., ante, p. 179.