Recently the Supreme Court extended the doctrine of Younger v. Harris to preclude federal court reform of state criminal and civil justice systems. In this article, Professor Zeigler argues that Younger and its progeny directly contravene the intent of the Reconstruction Congresses that adopted the fourteenth amendment and enacted numerous pieces of enforcement legislation. His research demonstrates that these Congresses intended the federal courts to be the primary enforcer of Reconstruction reform measures. Professor Ziegler concludes that the federal courts are neglecting their duty to enforce constitutional safeguards in state justice systems.
Donald H. Zeigler,
A Reassessment of the Younger Doctrine in Light of the Legislative History of Reconstruction,
1983 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol32/iss5/3