Poe v. Werner

Initially, I must respectfully register my disagreement with the majority’s position on the question of whether this three-judge court is required to follow the decisions of the Court of Appeals for the Third Circuit or whether we are bound only by decisions of the U. S. Supreme Court. Despite the fact that an appeal of our decision would be taken directly to the Supreme Court, it is my opinion that a three-judge district court is still a district court, and for that reason is bound by the decisions of the Court of Appeals for the Circuit in which the district is located. Having taken that…