Across The Web | A Modest Proposal for the Reduction of the Size of the Federal Judiciary | Brian M. Cogan

“Most non-lawyers would be surprised to learn the amount of time that federal district judges like me spend on a daily basis figuring out what to do with state law claims or state law issues that have been “federalized,” perhaps out of a myopic assessment of efficiency, or out of a historical concern—which may no longer be valid but is never tested—that state courts cannot be trusted with important claims. The fact is that “making a federal case out of it” doesn’t mean what it used to mean. Many state legislatures have sought to surpass the federal government in protecting their citizens’ rights in civil cases, whether as members of a protected group, employees, consumers, the disabled, or just about any other classification that a state legislature feels might be in need of protection. Yet because of various overlapping jurisdictional rules, a sizeable proportion of those state law claims come to federal court.”

Read the Full Proposal at A Modest Proposal for the Reduction of the Size of the Federal Judiciary by Two-Thirds : Publications : The Federalist Society

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