On this episode: the story of Pullman abstention, the first of several abstention doctrines the Supreme Court invented to let federal judges decline to decide cases that they have jurisdiction to decide.
Click here for transcript.
Resources
Lauren Robel, Riding the Color Line: The Story of Railroad Commission of Texas v. Pullman Co.
Lael Weinberger, Frankfurter, Abstention Doctrine, and the Development of Modern Federalism: A History and Three Futures
Martin Redish, Abstention, Separation of Powers, and the Limits of the Judicial Function
David L. Shapiro, Jurisdiction and Discretion
Judge Selya, Certified Madness: Ask a Silly Question
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