Fortson v. Toombs/Concurrence Clark

Mr. Justice CLARK, concurring.

Although I would prefer to declare this litigation moot and vacate the judgment below, I am joining the opinion and judgment of the Court solely on the basis that it is not reaching the merits regarding the propriety of the order fashioned by the three-judge District Court. In my view, the Court is simply vacating and remanding in order to give the District Court an opportunity to reconsider its order in light of the change in circumstances which has occurred since judgment was entered.

Mr. Justice HARLAN, with whom Mr. Justice STEWART joins, concurring in part and dissenting in part.