“ I was of the opinion that, in the particular circumstances, this should be done as a matter of discretion, for the reasons stated in a concurring opinion. 328 U.S. 549, 564, 66 S.Ct. 1198, 1208. Those reasons would be pertinent to a consideration of the present appeals, though not necessarily controlling in relation to the somewhat different facts and issues they involve. [8] The issues, whether of jurisdiction, of discretion in exercising it, [9] or of substantive right, are obviously important. In my judgment they have not been conclusively adjudicated by prior decisions of this Court. ”

“ And in each case declaratory relief, appropriate in many instances where aid by way of injunction cannot be afforded, [6] is sought.
Obviously, the appeals present questions related closely to the issues in Colegrove v. Green, but in my opinion not necessarily determined by that decision. A majority of the justices participating refused to find that there was a want of jurisdiction, but at the same time a majority, differently composed, concluded that the relief sought should be denied. ”

“ In No. 531 it went on to rule, apparently, that the county unit system is imposed by party action, not by state action; and that the system was not being applied in fact, since the state executive committee prior to the decisions had certified both candidates, subject to later action by the party's state convention. ”