Legal Question in Civil Litigation in Nevada

According to Article III Section 2 of the US Contitution In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. If the Governor and the State attorney General in California are the plaintiffs in a lawsuit doesn't that make the state party to the suit and require the US Supreme Court to hear this and not a single standing judge.


Asked on 8/13/10, 12:32 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

The Supreme Court does have original jurisdiction over lawsuits in which a state is a party, but it doesn't have *exclusive* original jurisdiction. Lower federal courts can also hear such cases if Congress authorizes them to, which it did long ago.

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Answered on 8/18/10, 3:29 pm


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