Louis Brandeis

“ Congress realized that, in requiring the presence of three judges, of whom one must be a Justice of this court or a Circuit Judge, it was imposing a severe burden upon the federal courts. [5] The burden was imposed because Congress deemed it unseemly that a single District Judge should have power to suspend legislation enacted by a state. ”

“ The lower courts have held with substantial unanimity that the section does not govern all suits in which it is sought to restrain the enforcement of legislative action, but only those in which the object of the suit is to restrain the enforcement of a statute of general application or the order of a state board or commission. ”

“ Road Improvement District (C. C. A.) 288 F. 502. While there was a hearing before three judges in Orr v. Allen (D. C.) 245 F. 486, 248 U.S. 35, 39 S.C.t. 23, 63 L. Ed. 109, Lancaster v. Police Jury (D. C.) 254 F. 179, 180, Columbia Investment Co. v. Long Branch Road District (D. C.) 281 F. 342, St. Louis & Southwestern Ry. Co. v. Nattin, No. 263, 277 U.S. 157, 48 S.C.t. 438, 72 L. Ed. 830, and Chicago, Milwaukee & St. Paul Ry. Co. v. Risty, No. 501, 276 U.S. 567, 48 S.C.t. 396, 72 L. Ed. 703, it does not appear that the propriety of such a hearing was considered. ”