National Association For the Advancement of Colored People, Inc v. Bennett

Decision Date22 June 1959
Docket NumberNo. 757,757
PartiesNATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., v. Bruce BENNETT, Attorney General of the State of Arkansas
CourtU.S. Supreme Court

Messrs.

Robert O. Carter and Herbert O. Reid, for appellant.

PER CURIAM.

When the validity of a state statute, challenged under the United States Constitution, is properly for adjudication before a United States District Court, reference to the state courts for construction of the statute should not automatically be made. The judgment is vacated and the case is remanded to the United States District Court for the Eastern District of Arkansas for consideration in light of Harrison v. NAACP, 360 U.S. 167, 79 S.Ct. 1025.

Judgment vacated and case remanded.

Mr. Justice DOUGLAS, with whom The CHIEF JUSTICE and Mr. Justice BRENNAN concurs, dissenting.

While I agree that the case should be remanded to the District Court, I think that court should be directed to pass on the constitutional issues presented without prior reference to the state courts. My reasons are stated in my dissent in Harrison v. NAACP, 360 U.S. 179, 79 S.Ct. 1032.

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27 cases
  • Jehovah's Witnesses in State of Wash. v. King County Hosp.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Western District of Washington)
    • June 8, 1967
    ...L.Ed.2d 1152 (1959), where there was a finding that the state law was uncertain and abstention was ordered. In NAACP v. Bennett, 360 U.S. 471, 79 S.Ct. 1192, 3 L.Ed.2d 1375 (1959) the supreme court reversed the district court for failing to consider whether the state law was uncertain. Agai......
  • Hostetter v. Idlewild Bon Voyage Liquor Corporation
    • United States
    • United States Supreme Court
    • June 1, 1964
    ...that, even involved, 'reference to state courts for construction of statute should not automatically be made.' N.A.A.C.P. v. Bennett, 360 U.S. 471, 79 S.Ct. 1192, 3 L.Ed.2d 1375. Unlike many cases in which abstention has been held appropriate, there was here no danger that a federal decisio......
  • United States v. Livingston
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • November 18, 1959
    ...to the state courts of all federal constitutional questions arising in the application of state statutes. N. A. A. C. P. v. Bennett, 360 U.S. 471, 79 S.Ct. 1192, 3 L.Ed.2d 1375. Though never interpreted by a state court, if a state statute is not fairly subject to an interpretation which wi......
  • Zwickler v. Koota
    • United States
    • United States Supreme Court
    • December 5, 1967
    ...to the state courts of all federal constitutional questions arising in the application of state statutes. N.A.A.C.P. v. Bennett, 360 U.S. 471, 79 S.Ct. 1192, 3 L.Ed.2d 1375. Though never interpreted by a state court, if a state statute is not fairly subject to an interpretation which will a......
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