Is there any case law concerning the appeal from dissolution of the three-judge court?
MultiRegion, United States of America
The following excerpt is from Rosado v. Wyman, 414 F.2d 170 (2nd Cir. 1969):
The last issue concerns the appeal from dissolution of the three-judge court. I think that there is a very substantial question as to whether the court
[414 F.2d 192]
was correct in holding that the amendment to section 131-a rendered plaintiffs' constitutional claim either "moot" or "unripe." Plaintiffs very persuasively argue that the only effect of the amendment was to grant purely discretionary administrative power to increase the level of Nassau County payments and that the mere possibility that such discretion might be exercised to cure an allegedly prohibited discrimination is far from sufficient to void the constitutional issue. Nor is it at all clear that the subsequent increase of the Nassau County payment schedules retrospectively corroborates the dissolution of the three-judge court, since plaintiffs assert and defendants do not deny that the increase still fails to bring Nassau County levels of payment up to those in New York City. Cf. the recent convening of a three-judge court in Rothstein v. Wyman, No. 69 Civ. 2763 (S.D.N.Y., July 7, 1969).[414 F.2d 192]
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