| Truax v. Raich
(No. 361)
219 Fed. Rep. 273, affirmed. |
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|---|---|---|
| Syllabus
| Opinion
[ Hughes ] | Dissent
[ Mcreynolds ] |
| HTML version
PDF version | HTML version
PDF version | HTML version
PDF version |
Truax v. Raich
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF ARIZONA
MR. JUSTICE McREYNOLDS dissenting.
I am unable to agree with the opinion of the majority of the court. It seems to me plain that this is a suit against [p44] a State to which the Eleventh Amendment declares "the judicial power of the United States shall not be construed to extend." Fitts v. McGhee, 172 U.S. 516. Id Ex parte Young, 209 U.S. 123, and the cases following it support the doctrine that Federal courts may enjoin the enforcement of criminal statutes enacted by state legislatures whenever the enjoyment of some constitutional right happens to be threatened with temporary interruption, they should be overruled in that regard. The simple, direct language of the Amendment ought to be given effect, not refined away.
That the challenged act is invalid I think admits of no serious doubt.