[1] Dombrowski alleged that members of his organization, which consisted of a group of Southern liberals dedicated to fighting for civil rights for Blacks in the South, were subjected to continuous harassment, including arrests without intent to prosecute, and seizures of necessary internal documents.

Moreover, the Younger Court asserted that the bare existence of a chilling effect as in Dombrowski was insufficient to justify enjoining state proceedings, without more.

However, since the announcement of Younger in 1971, the Supreme Court has never found an instance of alleged bad faith prosecution to, in fact, meet the requirements of this exception to the no-injunction rule.

[6] As the commentator Erwin Chemerinsky stated, the bad-faith prosecution exception seems narrowly limited to facts like those in Dombrowski.

[7] Other scholars have even asserted that the possible range of cases that would fit the Dombrowski model and allow an exception to the no-injunction rule is so limited as to be an "empty universe.