Supreme Court of the United States, 1964

Forty-Fourth General Assembly of Colorado v. Lucas

Forty-Fourth General Assembly of Colorado v. Lucas
Supreme Court of the United States · Decided October 28, 1964 · Clark
379 U.S. 693; 85 S. Ct. 715; 13 L. Ed. 2d 699; 1965 U.S. LEXIS 1898 (United States Reports)

Forty-Fourth General Assembly of Colorado v. Lucas

Concurring Opinion

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 coursé which the District Court should follow. On this basis, we join the Court’s opinion.

Opinion of the Court

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).

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