Legal Opinion · Concurring in part, dissenting in part
New Jersey-Philadelphia Presbytery of the Bible Presbyterian Church v. New Jersey State Board of Higher Education
Court of Appeals for the Third Circuit
Decided April 14, 1981No. Nos. 80-1253, 80-1254 and 80-2703Published
1Concurring in part, dissenting in partRosenn, Circuit Judge
In this case the district court took the extraordinary step of interfering in a pending state proceeding because it found that portions of the state court’s preliminary order imposed “both great and immediate” irreparable harm — harm sufficient to warrant federal interference under the narrow, Younger-based exception to the general Younger1 rule. The district court committed no reversible error in thus exercising its narrowly circumscribed equitable discretion, and I would affirm the district court in all but one respect that I shall discuss hereinafter. See Part III, infra at 908.
However,…
2Cases cited52 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Allen v. McCurrySupreme Court of the United States · 1980
- Steffel v. ThompsonSupreme Court of the United States · 1974
- Huffman v. Pursue, Ltd.Supreme Court of the United States · 1975
- Moore v. SimsSupreme Court of the United States · 1979
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