October Term 2002 · Docket 02-337
Can a defendant move a state court case to federal court based on a federal law claim?
The parties dispute whether a defendant can remove a case to federal court when the plaintiff's claims rely on federal law.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Ms. Blatt stated the removal statute gives defendants the same federal court rights as plaintiffs.
Mr. Hament noted defendants have had this removal right since 1875.
Mr. Pinaud argued removal jurisdiction must be construed narrowly based on prior precedent.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 23, lines 21-1 — Transcript, file page 23, lines 21-1
- Official Supreme Court Transcript — file page 3, lines 17-1 — Transcript, file page 3, lines 17-1
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 33, lines 17-3 — Transcript, file page 33, lines 17-3
- Official Supreme Court Transcript — file page 38, lines 49-60 — Transcript, file page 38, lines 49-60
A citizen's guide to the whole case
What this case is about
This case tests the scope of a defendant's right to move a lawsuit from state to federal court.
Official sources for this section
- Official Supreme Court Transcript — file page 23, lines 21-1 — Transcript, file page 23, lines 21-1
- Official Supreme Court Transcript — file page 3, lines 17-1 — Transcript, file page 3, lines 17-1
- Official Supreme Court Transcript — file page 33, lines 17-3 — Transcript, file page 33, lines 17-3
How the case got here
The Supreme Court heard oral argument in this case on April 2, 2003.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
What each side wants
the side that brought the case wants the court to allow the case to move to federal court.
the opposing side wants the case to remain in state court.
Official sources for this section
- Official Supreme Court Transcript — file page 23, lines 21-1 — Transcript, file page 23, lines 21-1
- Official Supreme Court Transcript — file page 3, lines 17-1 — Transcript, file page 3, lines 17-1
- Official Supreme Court Transcript — file page 33, lines 17-3 — Transcript, file page 33, lines 17-3
What each side says
the side that brought the case argues the removal statute grants defendants the same federal forum rights as plaintiffs.
the opposing side argues removal jurisdiction must be interpreted narrowly to limit federal court access.
Official sources for this section
- Official Supreme Court Transcript — file page 23, lines 21-1 — Transcript, file page 23, lines 21-1
- Official Supreme Court Transcript — file page 3, lines 17-1 — Transcript, file page 3, lines 17-1
- Official Supreme Court Transcript — file page 33, lines 17-3 — Transcript, file page 33, lines 17-3
What the justices asked
Chief Justice Rehnquist asked the court to submit the case.
Official sources for this section
- Official Supreme Court Transcript — file page 38, lines 49-60 — Transcript, file page 38, lines 49-60
Why it matters
This dispute defines how easily defendants can access federal courts for state law disputes involving federal statutes.
Official sources for this section
- Official Supreme Court Transcript — file page 23, lines 21-1 — Transcript, file page 23, lines 21-1
- Official Supreme Court Transcript — file page 3, lines 17-1 — Transcript, file page 3, lines 17-1
- Official Supreme Court Transcript — file page 33, lines 17-3 — Transcript, file page 33, lines 17-3
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 38, lines 49-60 — Transcript, file page 38, lines 49-60
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 23, lines 21-1 — Transcript, file page 23, lines 21-1
- Official Supreme Court Transcript — file page 3, lines 17-1 — Transcript, file page 3, lines 17-1
- Official Supreme Court Transcript — file page 33, lines 17-3 — Transcript, file page 33, lines 17-3
- Official Supreme Court Transcript — file page 23, lines 21-1 — Transcript, file page 23, lines 21-1
- Official Supreme Court Transcript — file page 3, lines 17-1 — Transcript, file page 3, lines 17-1
- Official Supreme Court Transcript — file page 33, lines 17-3 — Transcript, file page 33, lines 17-3
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.