Chicago v. International College of Surgeons, 522 U.S. 156, 7 (1997)

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162

CHICAGO v. INTERNATIONAL COLLEGE OF SURGEONS

Opinion of the Court

ent with the character of a court of original jurisdiction." 91 F. 3d, at 990 (citing Fairfax County Redevelopment & Housing Authority v. W. M. Schlosser Co., 64 F. 3d 155 (CA4 1995), and Armistead v. C & M Transport, Inc., 49 F. 3d 43 (CA1 1995)). Accordingly, the court concluded, a proceeding to review state administrative action under a deferential standard is not a "civil action" within a district court's "original jurisdiction" under the removal statute, 28 U. S. C. § 1441(a), and so cannot be removed. 91 F. 3d, at 990.

The court then applied those principles to this case. The court began by observing that, under the Illinois Administrative Review Law, judicial review of local administrative decisions is deferential and not de novo, because the reviewing court must accept the agency's findings of fact as presumptively correct and cannot hear new evidence. Id., at 991-992 (discussing Ill. Comp. Stat., ch. 735, § 5/3-110 (Supp. 1997)).2 Of the various claims raised in ICS' complaints, the court explained, the as-applied constitutional challenges and the claims requesting administrative review of the Commission's decisions are bound by the administrative record, but the facial constitutional challenges are independent of the record and so would be removable to federal court if brought alone. The court then addressed whether, "when the state action involves both claims that, if brought alone, would be removable to federal court [and] issues that clearly are grounded in the administrative record, removal of the entire state action to the district court is possible." 91 F. 3d, at 993. The court ruled that, because some of the claims involve deferen-2 Section 5/3-110 provides: "Every action to review any final administrative decision shall be heard and determined by the court with all convenient speed. The hearing and determination shall extend to all questions of law and fact presented by the entire record before the court. No new or additional evidence in support of or in opposition to any finding, order, determination or decision of the administrative agency shall be heard by the court. The findings and conclusions of the administrative agency on questions of fact shall be held to be prima facie true and correct."

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