William O. Douglas

“ The Kennedy case, in other words, involved solely the question whether a three-judge court need always be summoned where no injunctive relief was asked or contemplated. The answer involved an analysis of 28 U.S.C. § 2281 and § 2282. We are now concerned with s 1253 and the meaning of 'an order granting or denying * * * an * * * injunction.' The declaratory judgment may well contain a 'thou shalt not' as commanding as any injunction. Or its refusal may be as definitive an adjudication as the refusal of an injunction. ”

“ We indicated, however, that a different result would follow 'whenever the operation of a statutory scheme may be immediately disrupted before a final judicial determination of the validity of the trial court's order can be obtained.' Id., at 155, 83 S.Ct. ”