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YOUNGER v. HARRIS

No. 2.

401 U.S. 37 (1971)

YOUNGER, DISTRICT ATTORNEY OF LOS ANGELES COUNTY v. HARRIS ET AL.

Supreme Court of United States.

Reargued April 29 and November 16, 1970

Decided February 23, 1971

Attorney(s) appearing for the Case

Clifford K. Thompson, Jr., Deputy Attorney General of California, argued the cause for appellant on the second reargument. Albert W. Harris, Jr., Assistant Attorney General, argued the cause for appellant on the original argument and on the first reargument. With them on the briefs were Thomas C. Lynch, Attorney General, and Evelle J. Younger, pro se.

A. L. Wirin argued the cause for appellees on the rearguments. With him on the briefs were Fred Okrand and Frank S. Pestana. Sam Rosenwein argued the cause for appellees on the original argument. With him on the brief was Mr. Pestana.

MR. JUSTICE BLACK delivered the opinion of the Court.

Appellee, John Harris, Jr., was indicted in a California state court, charged with violation of the California Penal Code §§ 11400 and 11401, known as the California Criminal Syndicalism Act, set out below.1 He then filed a complaint in the Federal District Court, asking that court to enjoin the appellant, Younger, the District Attorney...

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