Lobbying over forum quality blocks abolition of federal diversity jurisdiction.
Evidence
Congress has sought to ease caseload pressures on federal district and appeals courts by increasing the number of courts and judges. For example, the number of federal district court judges has increased from 241 in 1960 to 677 in 2018. Some scholars and jurists, most notably former Chief Justice William Rehnquist, proposed reducing the caseloads of federal district and appeals courts by eliminating their diversity-of-citizenship jurisdiction. They insist that state courts today treat residents and nonresidents evenhandedly, so that the original justification for the diversity jurisdiction—avoiding bias against nonresidents in state courts—no longer exists. Opposing this change have been the American Bar Association and various trial lawyers’ organizations, who argue that federal courts do a better job of dispensing justice than do state courts. Thus far, these groups have blocked all efforts to curtail federal jurisdiction over diversity cases. — G. Alan Tarr, Judicial Process and Judicial…, 327 (
#corroborates, via linked claim)
In this case, as in many others, the status quo survived blow after blow for two related reasons. Despite the militancy of certain groups, the immigration issue was not yet deeply felt throughout the country as a whole. Restriction sentiment, though general, was not generally intense; a substantial part of the American population seemed to regard the question as one of secondary importance. And in the absence of an imperious, nation-wide clamor, strategically situated minorities could prevent either of the major political parties from committing itself resolutely on the issue. — John Higham, Strangers in the Land, 1109 (
#expands, via linked claim)
Categorization
- XREF: connects to: Bar groups have blocked every effort to end federal diversity jurisdiction. — G. Alan Tarr, Judicial Process and Judicial…, 327; Broad but shallow public sentiment lets well-placed minorities block national policy change — John Higham, Strangers in the Land: Patterns of…, 1109
Related
- Bar groups have blocked every effort to end federal diversity jurisdiction. (similarity 0.90)
- Broad but shallow public sentiment lets well-placed minorities block national policy change (similarity 0.79)
Broader Connections
- Bar groups have blocked every effort to end federal diversity jurisdiction.
#corroborates(0.95) — G. Alan Tarr, Judicial Process and Judicial…, 327 - Broad but shallow public sentiment lets well-placed minorities block national policy change
#expands(0.75) — John Higham, Strangers in the Land, 1109