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Steffel v. Thompson, No. 72-5581 (U.S. Supreme Court) (415 U.S. 452; 94 S.Ct. 1209) (March 19, 1974) (Justice Brennan)

Case held that federal declaratory relief is not precluded when a prosecution based upon an assertedly unconstitutional state statute has been threatened, but is not pending, even if a showing of bad-faith enforcement has not been made.

In this case, Justice Stewart, concurring, stressed the importance of a "genuine threat ...

 

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