General Assembly of Colorado v. Lucas

Decision Date01 February 1965
Docket NumberNo. 661,FORTY-FOURTH,661
Citation13 L.Ed.2d 699,85 S.Ct. 715,379 U.S. 693
PartiesGENERAL ASSEMBLY OF COLORADO et al. v. Andres LUCAS et al
CourtU.S. Supreme Court

Duke W. Dunbar, Atty. Gen. of Colorado, Charles S. Vigil, Richard S. Kitchen, Sr., Stephen H. Hart and James Lawrence White, for appellants.

Charles Ginsberg and George Louis Creamer, for appellees.

PER CURIAM.

Insofar as the judgment of the District Court decides federal questions, it is affirmed. Insofar as the judgment decides other questions, it is vacated and the cause is remanded for further consideration in light of the supervening decision of the Colorado Supreme Court in White v. Anderson, Colo., 394 P.2d 333 (1964).

Mr. Justice CLARK, Mr. Justice HARLAN, Mr. Justice STEWART, and Mr. Justice GOLDBERG, concurring.

It is our understanding that the Court's disposition of this case leaves it open to the District Court to abstain on the question as to the severability of the various provisions of Amendment No. 7, pending resolution of that issue with reasonable promptitude in further state court proceedings. We deem it appropriate explicitly to state our view that this is the course which the District Court should follow. On this basis, we join the Court's opinion.

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    ...of Colo., 377 U.S. 713, 736, 84 S.Ct. 1459, 12 L.Ed.2d 632 (1964), aff'd in part and vacated in part on other grounds, 379 U.S. 693, 85 S.Ct. 715, 13 L.Ed.2d 699 (1965). As the Goodridge court noted, "history cannot and does not foreclose the constitutional question." 440 Mass. at 320, 798 ......
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  • Dungan v. Sawyer
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    ...by the Supreme Court of the United States, and by this opinion. 14 See note 13, supra. 15 Cf. Forty-fourth General Assembly of Colo. v. Lucas, 379 U.S. 693, 85 S.Ct. 715, 13 L.Ed.2d 699 (1965), and cautionary expression of Justice Harlan in his concurring opinion in Jordan v. Silver, 381 U.......
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