Roberts v. Clement

I fully agree with my colleagues in denying the motions to dismiss which were (1) that the plaintiffs had no standing to prosecute this case and (2) that the doctrine of abstention should be applied.

With due deference, I find myself unable to otherwise concur with the action of my two colleagues in their judgment that the Tennessee Public Act, Chapter 176, is unconstitutional for the reason that its meaning is so vague as to controvert the minimal standards of due process under the Fourteenth Amendment of the Federal Constitution.

There can be no doubt that all criminal statutes must have an…