Dombrowski v. Pfister

WISDOM, Circuit Judge (dissenting).

I respectfully dissent.

The main issue in this case is not, as the majority opinion declares, “the State’s basic right of self-preservation”. No one questions this right.

The main issue is whether the State 9 is abusing its legislative power and criminal processes: whether the State, under the pretext of protecting itself against subversion, has harassed and humiliated the plaintiffs and is about to prosecute them solely because their activities in promoting civil rights for Negroes conflict with the State’s steel-hard policy of segregation. They ask the…