William O. Douglas

“ Whenever one judge stands up in a State and enjoins the governor and the attorney-general, the people resent it, and public sentiment is stirred, as it was in my State, when there was almost a rebellion, whereas if three judges declare that a state statute is unconstitutional the people would rest easy under it. ”

“ The Court has decided, on no more than the gloomy predictions contained in a handful of law review articles, that Kesler would inevitably produce chaos in the federal courts, that the rule announced there is 'unworkable.' Those predictions have plainly not been borne out. If difficulties arise, Congress can cure them. Until Congress acts, I would let Kesler stand. ”

“ Commonwealth of Virginia was a protest against this Court's acting as referee in a federal-state contest involving pre-emption or a conflict between the laws of the two regimes. Congress has recently been concerned with the problem in another aspect of the matter, [3] when efforts were made to curb the doctrine of pre-emption by establishing standards for an interpretation of an Act of Congress. [4] The three-judge court is only another facet of the self-same problem. ”