Nieves v. Oswald

FEINBERG, Circuit Judge:

Once again we find ourselves dealing with the complexities of 28 U.S.C. § 2281, which has the deceptively simple heading in the United States Code of “Injunction against enforcement of State statute; three-judge court required.” That section and its “Federal statute” counterpart, 28 U.S.C. § 2282, have been accurately described as creating many problems “so complex as to be virtually beyond belief.” 1 This case is a depressingly excellent example, since it presents not merely familiar and difficult problems of jurisdiction, but the added complexity of a last minute…