Jefferson v. City of Tarrant, 522 U.S. 75, 3 (1997)

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Cite as: 522 U. S. 75 (1997)

Opinion of the Court

review the issue on final judgment. See, e. g., Hathorn v. Lovorn, 457 U. S. 255, 261-262. The Court confines Pennsylvania v. Ritchie, 480 U. S. 39, 49, n. 7, to the exceptional circumstances there presented, and rejects any construction of Ritchie that would expand the exceptions stated in Cox Broadcasting Corp. Pp. 82-84.

Certiorari dismissed for want of jurisdiction. Reported below: 682 So. 2d

29.

Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Kennedy, Souter, Thomas, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, post, p. 84.

Dennis G. Pantazis argued the cause for petitioners. With him on the briefs was Brian M. Clark.

John G. Roberts, Jr., argued the cause for respondent. With him on the brief were Gregory G. Garre, Wayne Morse, and John W. Clark, Jr.

Justice Ginsburg delivered the opinion of the Court.

This case, still sub judice in Alabama, was brought to this Court too soon. We granted certiorari to consider whether the Alabama Wrongful Death Act, Ala. Code § 6-5-410 (1993), governs recovery when a decedent's estate claims, under 42 U. S. C. § 1983, that the death in question resulted from a deprivation of federal rights. We do not decide that issue, however, because we conclude that we lack jurisdiction at the current stage of the proceedings. Congress has limited our review of state-court decisions to "[f]inal judgments or decrees rendered by the highest court of a State in which a decision could be had." 28 U. S. C. § 1257(a). The decision we confront does not qualify as a "final judgment" within the meaning of § 1257(a). The Alabama Supreme Court decided the federal-law issue on an interlocutory certification from the trial court, then remanded the cause for further proceedings on petitioners' remaining state-law claims. The outcome of those further proceedings could moot the federal question we agreed to decide. If the federal question does not become moot, petitioners will be free

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