Native American Church of Navajoland, Inc. v. Arizona Corporation Commission

Mr. Justice Douglas, with whom Mr. Justice Stewart and Mr. Justice Rehnquist join,

dissenting.

This is a direct appeal from the order of a three-judge District Court, convened pursuant to 28 U. S. C. § 2281,1 denying appellants’ prayer for injunctive relief. Jurisdiction over the appeal is based upon 28 U. S. C. § 1253.2 If the three-judge court were improperly convened, however, the appeal lies not to this Court, but to the Court of Appeals. Moody v. Flowers, 387 U. S. 97. My anal*902ysis leads me to conclude that a three-judge court was not required, so I would dismiss this appeal.

The controversy…