Rite Aid Corp. v. Bd. of Pharmacy of State of NJ

While I agree with the result reached by the Court in Part II of its opinion, though for different reasons, I respectfully dissent from the opinion and judgment on the merits.

I

In my view the Court properly rejects the contention that it must stay its hand in this case. I write on this point only because of the Court’s analysis of the Younger-Huffman doctrine of federal non-intervention.

Defendants urge the Court to abstain from deciding this case on the basis of the doctrine of Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), and its companion cases, that federal courts…