NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., v. Bruce BENNETT, Attorney General of the State of Arkansas.
360 U.S. 471
79 S.Ct. 1192
3 L.Ed.2d 1375
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC.,
Bruce BENNETT, Attorney General of the State of Arkansas.
Decided June 22, 1959.
Robert O. Carter and Herbert O. Reid, for appellant.
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.