Greenspan v. Klein

I am in complete agreement with the per curiam opinion and I write only on the issue of abstention reached by Judge Fisher. I cannot see why we should consider staying our hands in this matter and defer to some state tribunal before which nothing now pends.

The plaintiff has been suspended, and the fact that he “could have immediately tested the constitutionality of the statutes and regulations here under attack by taking advantage of a variety of state procedures” is for me beside the point. Of course, the plaintiff could have sued in the state court, but he chose not to. If the mere…