“When a [s]tate . . . [limits] citizens [in] the exercise of their constitutional rights[,] . . . the federal system is imperiled.”
How later courts described this case
- “When a [s]tate . . . [limits] citizens [in] the exercise of their constitutional rights[,] . . . the federal system is imperiled.”
Written by the judges who cited it.
Distinguished
Distinguished by Bruce Baines v. City of Danville, Virginia, Hildreth G. McGhee v. City of Danville, Virginia, 357 F.2d 756 (1966)
Rachel and Cox are clearly distinguishable because of the absence in those cases of any factual dispute and the clear showing that the Constitution foreclosed a successful prosecution in the state court.
The opinion
HUTCHESON, Circuit Judge
(concurring specially):
I concur in the result.