Document Type

Brief

Case Name

Alabama v. California

Publication Date

7-23-2024

Abstract

No. 158, Original
Alabama v. California

On Motion for Leave to File Bill of Complaint

From the Introduction and Summary of Argument

The resolution of state-against-state actions is a core function of this Court under our constitutional structure’s original design, which depends upon the peaceful resolution of interstate conflicts. The Framers assigned these suits to this Court precisely because they cannot be heard by state courts and because they raise serious matters of federal harmony.

This Court should grant the motion for leave to file a bill of complaint. Amici express no view on any other procedural or merits issues that may or may not be raised by the motion or this action.

Comments

Taking no position on the merits of the claims in this matter, amici submit this brief to offer their academic perspective, for this Court’s consideration, on the nature and reasons for its duty to exercise exclusive, original jurisdiction over state-versus-state actions.

Derek Muller is Professor of Law at the University of Notre Dame Law School. His research and teaching interests include federal courts and civil procedure. He is co-author on a Federal Courts casebook published by Carolina Academic Press. He has published more than thirty academic articles, some of which have most recently appeared in the William & Mary Law Review, the Florida Law Review, and the Georgia Law Review.

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