U.S. Capitol building in Washington. Photo: Diego M. Radzinschi/ALM Congress Should Curb Removals to Federal Court in Some Section 1983 Cases
"To understand why removal in some cases should be prohibited, it is necessary to examine the current law regarding which cases can and cannot be heard in the federal courts."
February 07, 2024 at 03:33 PM
8 minute read
Commentary
Under the principles of federalism embodied in the Constitution, state, not federal, courts are the principal trial courts. This point is made most clearly by the express limits, contained in Article III, on which cases can be heard at all in the federal courts.
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