Cite as: 534 U. S. 533 (2002)
Stevens, J., dissenting
first, " 'the ordinary rule of statutory construction' that 'if Congress intends to alter the usual constitutional balance between States and the Federal Government, it must make its intention to do so unmistakably clear in the language of the statute,' " 529 U. S., at 787 (quoting Will v. Michigan Dept. of State Police, 491 U. S. 58, 65 (1989)); and second, "the doctrine that statutes should be construed so as to avoid difficult constitutional questions," 529 U. S., at 787. I would not venture further into the mist surrounding § 1367 to inquire, generally, whether § 1367(d) "appl[ies] to dismissals for reasons unmentioned by the statute," ante, at 545.2
Justice Stevens, with whom Justice Souter and Justice Breyer join, dissenting.
The federal interest in the fair and efficient administration of justice is both legitimate and important. To vindicate that interest federal rulemakers and judges have occasionally imposed burdens on the States and their judiciaries. Thus, for example, Congress may provide for the adjudication of federal claims in state courts, Testa v. Katt, 330 U. S. 386 (1947), and may direct that state litigation be stayed during the pendency of bankruptcy proceedings, 11 U. S. C. § 362(a). In appropriate cases federal judges may enjoin the prosecution of state judicial proceedings.1 By virtue of the Supremacy Clause in Article VI of the Constitution, in all such cases the federal rules prevail "and the Judges in every
2 The supplemental jurisdiction statute, well-reasoned commentary indicates, "is clearly flawed and needs repair." Oakley, Prospectus for the American Law Institute's Federal Judicial Code Revision Project, 31 U. C. D. L. Rev. 855, 936 (1998); see generally id., at 936-945 (canvassing problems with 28 U. S. C. § 1367). For a proposed repair of § 1367, see ALI, Federal Judicial Code Revision Project (Tent. Draft No. 2, Apr. 14, 1998).
1 The Anti-Injunction Act, 28 U. S. C. § 2283 (1994 ed.), provides: "A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments."
549
Page: Index Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: October 4, 2007