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original jurisdiction

Elgin v. Dep’t of the Treasury (11-45)

Oral argument: Feb. 27, 2012

Appealed from: United States Court of Appeals for the First Circuit (Apr. 8, 2011)

ORIGINAL JURISDICTION, ADMINISTRATIVE REVIEW, CIVIL SERVICE REFORM ACT

Petitioners Michael Elgin and three other government employees were terminated from their jobs for failing to register with the Selective Service, as is required for government employees. Following the statutory review procedures outlined by the Civil Service Reform Act (“CSRA”), the Petitioners filed claims with the Merit Systems Protection Board (“MSPB”). They claimed that the registration requirement was unconstitutional as a Bill of Attainder and as an equal protection violation. The MSPB dismissed the constitutional claims for lack of jurisdiction. Rather than appeal to the United States Court of Appeals for the Federal Circuit, as is directed in the CSRA, the Petitioners filed their claims in a U.S. district court, which assumed jurisdiction before dismissing the claims on other grounds. On appeal, the United States Court of Appeals for the First Circuit found that the district court did not possess jurisdiction, because the CSRA directs federal employee claims through the MSPB. The Petitioners argue that district courts possess original jurisdiction over their claims, because the CSRA does not explicitly preclude such jurisdiction. The Department of the Treasury, however, contends that Congress intended the CSRA scheme to be the sole channel for federal employee claims. The Supreme Court’s decision will affect the options available to federal employees pursuing employment-related claims.

Alabama v. North Carolina (132, Original)

Oral argument: Jan. 11, 2010

Original Jurisdiction: On Motion of North Carolina to Dismiss Claims of the Southeast Interstate Low-Level Radioactive Waste Management Commission

FEDERAL LAW, ORIGINAL JURISDICTION, INTERSTATE COMPACT INTERPRETATION, CONTRACT LAW, ELEVENTH AMENDMENT, STATE SOVEREIGNTY

This case involves a lawsuit brought by several states and the Southeast Interstate Low-Level Radioactive Waste Management Commission against the State of North Carolina for its alleged breach of contract under the Southeast Interstate Low-Level Radioactive Waste Management Compact to license a waste disposal facility. In June 2002, the member states of the Compact and the Commission filed a Bill of Complaint, which the Supreme Court granted. The Special Master then filed his Preliminary and Second Reports with this Court on April 2, 2009. The Supreme Court subsequently received these Reports and ordered them filed. This case is now before the Supreme Court as both an original and exclusive jurisdiction case; it also addresses issues of contract law. The Supreme Court’s decision in Alabama v. North Carolina may have significant effects on constitutional law, most notably on the extent of the Court’s original and exclusive jurisdiction over a judicial case or controversy between States.

South Carolina v. North Carolina (138, Original)

Oral argument: Oct. 5, 2009

Original Jurisdiction: United States Supreme Court

WATER LAW, ORIGINAL JURISDICTION, INTERVENORS, EQUITABLE APPORTIONMENT

The dispute between the South Carolina and North Carolina concerns the equitable apportionment of the Catawba River. The Supreme Court is hearing the case under 28 U.S.C. § 1251, which provides it with original jurisdiction over disputes between states. The narrow issue that the Court will resolve is the right of non-state parties to intervene in litigation between South Carolina and North Carolina. South Carolina opposes the interventions, while North Carolina is in favor of them. Both parties argue their case using a standard the Court articulated in New Jersey v. New York, 345 U.S. 369 (1953). In that case, the Court ruled that in an equitable apportionment action between two States brought under the Court’s original jurisdiction, intervention by a non-state entity is proper only when the putative intervenor demonstrates a compelling interest in its own right, separate from the interests of either of the party states. South Carolina contends that the parties’ interests are insufficiently unique to satisfy the Court’s rule, while North Carolina and the intervenors contend that they have unique interests not represented by either South Carolina or North Carolina. The Court’s ruling will clarify the correct interpretation of the standard set forth in New Jersey v. New York.

Kansas v. Colorado (105 Orig.)

Kansas v. Colorado (105 Orig.)

Oral argument: Dec. 1, 2008

On Exception to the Fifth and Final Report of the Special Master: United States Supreme Court (April 10, 2008)

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