(Download) "National Mobilization Committee to End War v. Foran" by United States Court of Appeals for the Seventh Circuit # Book PDF Kindle ePub Free
eBook details
- Title: National Mobilization Committee to End War v. Foran
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 27, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
CUMMINGS, Circuit Judge. Five named individuals and the National Mobilization Committee to End the War in Viet Nam instituted a class action on behalf of themselves and all other organizations and individuals similarly situated seeking a declaratory judgment that the 1968 Civil Disorders and Riot provisions of the Criminal Code (18 U.S.C. §Â§ 231, 232, 2101 and 2102) are unconstitutional on their face and as applied. Plaintiffs also sought to enjoin the defendants from presenting evidence to a grand jury for the purpose of indicting them. Pursuant to a thoughtful memorandum opinion, reported in 297 F. Supp. 1, the district judge refused to convene a three-judge court under Sections 2282 and 2284 of the Judicial Code (28 U.S.C. §Â§ 2282 and 2284) and granted the Government's motion to dismiss the complaint on the ground that the constitutional questions presented were ""wholly insubstantial."" In connection with their activities during the course of the August 1968 Democratic Convention, the individual plaintiffs and others were subsequently indicted under the challenged statutes, and their trial is presently scheduled to commence before another district judge some time after his September 9, 1969, rulings on pre-trial motions. Agreeing that a three-judge district court need not be convened, we affirm.