Cite as: 504 U. S. 689 (1992)
Stevens, J., concurring in judgment
Petitioner does not seek a determination of status or obligations arising from status. Moreover, any federal court determination of petitioner's claims will neither upset a prior state court determination of status or obligations appurtenant to status nor pre-empt a pending state court determination of this nature. Cf. Moore v. Sims, 442 U. S. 415 (1979) (applying Younger abstention doctrine to prevent federal court action seeking to enjoin pending state child custody proceeding brought by state authorities). While petitioner's claims do not involve a federal question or statute—the presence of which would strongly counsel against abstention, see Colorado River Water Conservation Dist. v. United States, 424 U. S. 800, 815, n. 21 (1976)—petitioner's state-law tort claims for money damages are easily cognizable in a federal court. All these considerations favor the exercise of federal jurisdiction over petitioner's claims.
Justice Stevens, with whom Justice Thomas joins, concurring in the judgment.
This should be an exceedingly easy case.* As demonstrated by each of the opinions, whatever belief one holds as to the existence, origin, or scope of a "domestic relations exception," the exception does not apply here. However one understands 18th-century English chancery practice and however one construes the Judiciary Act of 1789, the result is the same. The judgment of the Court of Appeals must be
*The first Justice Harlan cautioned long ago that " 'it is the duty of all courts of justice to take care, for the general good of the community, that hard cases do not make bad law.' " United States v. Clark, 96 U. S. 37, 49 (1878) (dissenting opinion) (quoting East India Co. v. Paul, 7 Moo. 85, 111, 13 Eng. Rep. 811, 821 (P. C. 1849)). Courts should observe similar caution with regard to easy cases. Cf. O'Bannon v. Town Court Nursing Center, 447 U. S. 773, 804 (1980) (Blackmun, J., concurring in judgment) ("[E]asy cases make bad law"); Burnham v. Superior Court of Cal., County of Marin, 495 U. S. 604, 640 (1990) (Stevens, J., concurring in judgment). An easy case is especially likely to make bad law when it is unnecessarily transformed into a hard case.
717
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