Long Island Vietnam Moratorium Committee v. Cahn

I am doubtful about the jurisdiction of this three-judge Court to hear the present action in light of the plaintiff’s notation at p. 24 of their Memorandum in Support of Plaintiffs’ Motion for Summary Judgment that “ * * * no present need for equitable relief appears to exist.”1

*566The three-judge panel was convened pursuant to 28 U.S.C.A. §§ 2281, 2284. Section 2281 provides for such a court where an injunction is sought to restrain the enforcement of a State statute on the ground of its unconstitutionality. The section was adopted to reduce the dangers of single Federal judges’ enjoining State…