Ellis v. Dyson, 421 U.S. 426 (1975)

MR. JUSTICE WHITE, concurring in part and dissenting in part.

I join the opinion of the Court except insofar as it fails to affirm the dismissal in the courts below of petitioners’ prayer for a mandatory injunction requiring the expunction of their criminal records. With respect to that issue, the prerequisite of a case or controversy is clearly present; but under Younger v. Harris, 401 U.S. 37 (1971), the District Court was plainly correct in dismissing the claim, rather than ruling on its merits. Huffman v. Pursue, Ltd., 420 U.S. 592 (1975), would appear to require as much.