690
Syllabus
McLean Credit Union, 491 U. S. 164, 172-173. Furthermore, it may be presumed that Congress amended the diversity statute in 1948 to replace the law/equity distinction with § 1332's "all civil actions" phrase with full cognizance of the Court's longstanding interpretation of the prior statutes, and that, absent any indication of an intent to the contrary, Congress adopted that interpretation in reenacting the statute. Pp. 697-701. 2. The domestic relations exception does not permit a district court to refuse to exercise diversity jurisdiction over a tort action for damages. The exception, as articulated by this Court since Barber, encompasses only cases involving the issuance of a divorce, alimony, or child custody decree. As so limited, the exception's validity must be reaffirmed, given the long passage of time without any expression of congressional dissatisfaction and sound policy considerations of judicial economy and expertise. Because this lawsuit in no way seeks a divorce, alimony, or child custody decree, the Court of Appeals erred by affirming the District Court's invocation of the domestic relations exception. Federal subject-matter jurisdiction pursuant to § 1332 is proper in this case. Pp. 701-704. 3. The District Court erred in abstaining from exercising jurisdiction under the Younger doctrine. Although this Court has extended Younger abstention to the civil context, it has never applied the notions of comity so critical to Younger where, as here, no proceeding was pending in state tribunals. Similarly, while it is not inconceivable that in certain circumstances the abstention principles developed in Burford v. Sun Oil Co., 319 U. S. 315, might be relevant in a case involving elements of the domestic relationship even when the parties do not seek divorce, alimony, or child custody, such abstention is inappropriate here, where the status of the domestic relationship has been determined as a matter of state law, and in any event has no bearing on the underlying torts alleged. Pp. 704-706.
934 F. 2d 1262, reversed and remanded.
White, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Kennedy, and Souter, JJ., joined. Black-mun, J., filed an opinion concurring in the judgment, post, p. 707. Stevens, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, post, p. 717.
Richard Ducote argued the cause and filed a brief for petitioner.
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