Joseph C. Daniel, Jr. v. Hugh Waters, Chairman, Textbook Commission of the State of Tennessee

I respectfully dissent because I do not interpret the Supreme Court’s remand order as a holding that Tennessee’s biology textbook law is patently unconstitutional. The Supreme Court’s order was as follows:

The judgment is vacated and the ease is remanded to the United States District Court for the Middle District of Tennessee so that it may enter a fresh judgment from which a timely appeal may be taken to the Court of Appeals.

*493This is not a holding that no three-judge District Court was necessary because this state statute is patently unconstitutional,” as the majority interprets the remand…