GESELL, District Judge.
Plaintiffs seek to have a three-judge court convened under Title 28 U.S.C. §§ 2282 and 2284 to determine the constitutionality of the Internal Security Act of 1950, as amended.
The Attorney General of the United States and the members of the Subversive Activities Control Board, the defendants in this case, have separately moved to dismiss the complaint for lack of subject matter jurisdiction.
On March 4, 1966, the Attorney General petitioned the Subversive Activities Control Board for an order, after appropriate hearings, requiring the W. E. B. DuBois Clubs of America to register with the Attorney General as a Communist-front organization.
On April 26, 1966, before hearings were held, the DuBois Clubs attempted to bypass the Board by means of a suit in the District Court seeking a declaratory judgment that the registration provisions of the Internal Security Act were unconstitutional and an injunction against any proceedings on the part of the Board.
The complaint alleged that the "very pendency of these administrative proceedings * * * has resulted and will continue to result * * * in immediate and irreparable injury to fundamental constitutional rights * * *." A three-judge District Court dismissed the complaint because the DuBois Clubs had failed to exhaust their administrative remedies.
The Supreme Court affirmed, per curiam, on December 11, 1967.
Rehearing was denied on January 22, 1968.
On March 22, 1968, the DuBois Clubs filed the complaint in this action. Once again, a three-judge court is sought. Once again, the DuBois Clubs seek a declaratory judgment and seek on constitutional grounds to enjoin hearings which have not, as yet, begun.
In short, this complaint, in substance, is identical to the earlier one. Only one argument is presented which was not before the first three-judge court, and that argument, based on recent amendments to the act, was the basis for an unsuccessful petition for rehearing by the Supreme Court.
Defendants have moved to dismiss the complaint for lack of subject matter jurisdiction in that the DuBois Clubs have again failed to exhaust their administrative remedies. Defendants' motion will be granted for the following reasons.
On January 2, 1968, Congress amended the Internal Security Act. As far as here relevant, the amendments, among other things, contingently provided for the Board's termination. Public Law 90-237, section 9, 81 Stat. 767, provides in pertinent part:
"The Board shall cease to exist on June 30, 1969, unless in the period beginning on * * * [January 2, 1968] and ending on December 31, 1968, a proceeding under this Act shall have been instituted before the Board and a hearing under this Act shall have been conducted by the Board."