Washington Free Community v. State's Attorney of Montgomery County

This case presents one more attempt to breathe life into the Ober Act, the fatal defects of which the Supreme Court exposed in Whitehill v. Elkins, 389 U.S. 54, 88 S.Ct. 184, 19 L.Ed.2d 228 (1967). I believe that we should not hesitate now to sign the death certificate for this long-lingering corpse. Since the Grand Jury specifically charged to investigate possible violations of the Ober Act by this plaintiff has been discharged without having taken action I agree that there is no need for an injunction at this time.1 However, that determination should be without prejudice to the right of…