Adell Kirkland, as Mother and Next Friend of Libbie Kirkland, an Infant v. George C. Wallace, as Governor of the State of Alabama

(dissenting) :

I respectfully dissent.

In my opinion, under established principles of federalism this case calls for impaneling a three-judge district court. And, in any event, the declaratory judgment that state action is unconstitutional is beyond the power and authority of a court of appeals.

(D

The majority find this case not to be for a three-judge district court by applying the standard of Bailey v. Patterson,1 that “prior decisions make frivolous any claim that [the] * * * state statute on its face is not unconstitutional,” that “the constitutional issue presented is essentially…