Chicago v. International College of Surgeons, 522 U.S. 156, 24 (1997)

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Cite as: 522 U. S. 156 (1997)

Ginsburg, J., dissenting

taken by a state agency."); Shamrock Motors, Inc. v. Ford Motor Co., 120 F. 3d 196, 200 (CA9 1997) ("When a state provides for administrative agency review of an appellate nature, rather than administrative review of a de novo nature, federal district courts have neither original jurisdiction nor removal jurisdiction over the review proceedings."); Trapp v. Goetz, 373 F. 2d 380, 383 (CA10 1966) (Under § 1332, "a United States District Court could not review an appeal action taken either administratively or judicially in a state proceeding."). Indeed, research discloses only a single Court of Appeals decision that has approved a federal district court's exercise of cross-system appellate review. See Range Oil Supply Co. v. Chicago, R. I. & P. R. Co., 248 F. 2d 477, 478-479 (CA8 1957) (District Court could exercise removal jurisdiction over an appeal from a state railroad and warehouse commission once that appeal had been perfected in state court). As the Ninth Circuit said in Shamrock Motors: "[T]he prospect of a federal court sitting as an appellate court over state administrative proceedings is rather jarring and should not be quickly embraced as a matter of policy." Shamrock Motors, Inc. v. Ford Motor Co., 120 F. 3d, at 200.

Until today, federal habeas corpus proceedings were the closest we had come to cross-system appellate review. See 28 U. S. C. §§ 2241-2254.4 Unlike the jurisdictional reallocation the Court now endorses, habeas corpus jurisdiction does not entail direct review of a state or local authority's decision. See Lambrix v. Singletary, 520 U. S. 518, 523 (1997).

4 The Court's citation to the Individuals with Disabilities Education Act (IDEA), ante, at 171, is unpersuasive for two reasons. First, IDEA has its own jurisdictional provision, so it does not concern §§ 1331, 1332, or 1367. See § 615 of the Individuals with Disabilities Education Act Amendments of 1997, Pub. L. 105-17, 111 Stat. 92, to be codified at 20 U. S. C. § 1415(i)(3)(A); Zobrest v. Catalina Foothills School Dist., 509 U. S. 1, 4 (1993). Second, IDEA creates a federal regime. While IDEA may require federal courts to defer to state agency decisions, those decisions are made pursuant to federal legislation.

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