Samuels v. Mackell

Appellants, who had been indicted under New York's criminal anarchy law, sought declaratory as well as injunctive relief against their protections, on the ground that the law is unconstitutional. A three-judge District Court upheld the law and dismissed the complaints.

Held:


 * 1. Since there was no showing that appellants have suffered or will suffer great and immediate irreparable injury by virtue of their being prosecuted in the state courts, where they can make their constitutional contentions, there is no basis for federal injunctive relief. Younger v. Harris, supra, p. 37. Pp. 68-69.


 * 2. The same principles that govern the propriety of federal injunctions of state criminal proceedings govern the issuance of federal declaratory judgments in connection with such proceedings, and appellants here should have been denied declaratory relief without consideration of the merits of their constitutional claims. Pp. 69-74.

288 F. Supp. 349, affirmed.

BLACK, J., delivered the opinion of the Court, in which BURGER, C.J., and HARLAN, STEWART, and BLACKMUN, JJ., joined. DOUGLAS, J., filed a concurring opinion, post, p. 74. STEWART, J., filed a concurring opinion, in which HARLAN, J., joined, ante, p. 54. BRENNAN, J., filed an opinion concurring in the result, in which WHITE and MARSHALL, JJ., joined, post, p. 75.

Victor Rabinowitz argued the cause for appellants in No. 7 on the original argument and on the rearguments. With him on the briefs were Leonard B. Boudin, Michael Standard, and ''Dorian Bowman. Eleanor Jackson Piel'' argued the cause and filed briefs for appellant in No. 9 on the original argument and on the rearguments.

Frederick J. Ludwig argued the cause for appellee Mackell in both cases on the original argument and on the rearguments. With him on the briefs was ''Thomas J. Mackell, pro se. Maria L. Marcus'', Assistant Attorney General, argued the cause for appellee Attorney General of New York in both cases on the original argument and on the rearguments. With her on the briefs were Louis J. Lefkowitz, Attorney General, pro se, Samuel A. Hirshowitz, First Assistant Attorney General, and Hillel Hoffman, Assistant Attorney General.