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An Originalist Take on Diversity Jurisdiction - Podcast

Litigation Practice Group Podcast

Constitution quillAhead of the Supreme Court's hearing of oral arguments in Mississippi v. AU Optronics on November 6, Constitutional law expert and states' rights advocate Charles J. Cooper would like to encourage a broader discussion of the underlying issue of the case - what is the proper scope of federal courts' diversity jurisdiction? In a September 10 amicus brief, included below, Mr. Cooper argues that an originalist reading of Article III suggests that an out-of-state defendant has what amounts to a Constitutional right to remove to federal court "controversies between citizens of different states" and "between a state and citizens of another state." Mr. Cooper discussed the main points of his argument and was joined by Howard C. Nielsen, Jr. to field questions from the call-in audience.

Featuring:

  • Mr. Charles J. Cooper, Founder, Cooper & Kirk, PLLC; Board Member, Access to Courts
  • Mr. Howard C. Nielsen, Jr., Partner, Cooper & Kirk PLLC
  • Moderator: Mr. Dean A. Reuter, Vice President and Director of Practice Groups, The Federalist Society

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