Rodriguez v. Brown

SPEARS, Chief Judge:

The threshold question is whether or not this is a case which should be heard on its merits by a three-judge court. We hold that it is not.

This suit was brought by plaintiffs in the form of a class action attacking (a) the constitutionality of the Texas statutes which set up the state procedural system for the selection of grand jury commissioners and the grand jury, and (b) the manner in which said statutes are applied with respect to the classes plaintiffs seek to represent.

On October 14, 1968, the writer of this opinion, as the presiding judge before whom the…