The Federalist Society

An Originalist Take on Diversity Jurisdiction - Podcast

Litigation Practice Group Podcast

October 18, 2013

Charles J. Cooper, Howard C. Nielsen, Dean A. Reuter

To listen, please right click on the audio file you wish to hear and then select "Save Link As..." or "Save Target As..." After you save the audio file to your computer, you can then listen to it in your audio player of choice.

  An Originalist Take on Diversity Jurisdiction - MP3
Running Time: 0:49:50

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.


  • 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

[Return to the Practice Groups Podcasts menu]

Related Links

September 10th Brief of Amicus Curiae

The Federalist Society