Document Type
Brief
Publication Date
7-5-2013
Abstract
Amici curiae are professors who teach and write on issues concerning federal courts. Amici have a professional interest in ensuring that the various judicial abstention doctrines are applied in a coherent and fair manner, consistent with the principles and interests underlying those doctrines.
The Court of Appeals held that Younger abstention, see Younger v. Harris, 401 U.S. 37 (1971), precludes federal courts from resolving a federal preemption challenge to final and non-coercive action by a state administrative agency. That marks an extraordinary and unjustified departure from this Court's precedents.
Because the Court of Appeals erred in holding that Younger required abstention, the Court of Appeals' decision should be reversed and the case remanded.
Recommended Citation
Whitman, Christina B., "Sprint Communications, Inc. v. Jacobs: Brief of Law Professors as Amici Curiae in Support of Petitioner" (2013). Appellate Briefs. 29.
https://repository.law.umich.edu/briefs/29
Comments
Amicus: Chemerinsky, Erwin; Roosevelt, Kermit; Salamanca, Paul E.; Whitman, Christina B.; Allen, Francis A.