Chicago v. International College of Surgeons, 522 U.S. 156, 13 (1997)

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168

CHICAGO v. INTERNATIONAL COLLEGE OF SURGEONS

Opinion of the Court

constitutional claims raised by ICS "arise under" federal law for purposes of federal question jurisdiction. See New Orleans Public Service, Inc. v. Council of City of New Orleans, 491 U. S. 350, 372 (1989) ("[A] facial challenge to an allegedly unconstitutional . . . zoning ordinance" is a claim "which we would assuredly not require to be brought in state courts"). ICS submits, however, that although its complaints contain some claims that arise under federal law, its actions nonetheless do not fall within the district courts' original jurisdiction over federal questions. Brief for Respondents 20-21, 26. Understandably, ICS does not rest this proposition on the notion that its federal claims are so insubstantial as not to establish federal jurisdiction. See, e. g., Merrell Dow Pharmaceuticals Inc. v. Thompson, 478 U. S. 804, 817 (1986); Duke Power Co. v. Carolina Environmental Study Group, Inc., 438 U. S. 59, 70-71 (1978); Gibbs, 383 U. S., at 725. It follows, then, that ICS' view that the district courts lack jurisdiction even over the federal claims in its actions stems from the mistaken idea—embraced by the court below, see 91 F. 3d, at 993-994, and n. 14—that the other, nonfederal claims somehow take the complaints in their entirety (including the federal claims) out of the federal courts' jurisdiction. ICS' rationale thus ultimately devolves into the erroneous argument we ascribe to it: that its state law claims for onthe-record review of the Commission's decisions must be "civil actions" within the district courts' "original jurisdiction" in order for its complaints to be removable to federal court.

C

To the extent that ICS means to suggest not only that a claim involving deferential review of a local administrative decision is not a "civil action" in the "original jurisdiction" of the district courts, but also that such a claim can never constitute a claim "so related to claims . . . within such original jurisdiction that [it] form[s] part of the same case or controversy" for purposes of supplemental jurisdiction, we dis-

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