Legal Opinion · Dissent

Martin v. Stewart

Court of Appeals for the Fourth Circuit

Decided August 29, 2007No. 06-1829Published

1DissentWilkinson, Circuit Judge

There are few decisions more central to state authority than whether to allow legalized gambling, how extensively, and under what terms. Plaintiffs’ lawsuit calls for both the interpretation of state law at the heart of the state’s regulatory scheme and an extensive inquiry into the state’s enforcement practices. While plaintiffs may certainly challenge South Carolina’s exercise of its police powers as unconstitutional, the district court was within its authority to conclude that plaintiffs’ constitutional challenge would be most properly heard in state court.

Congress has given no indication…

2Cases cited42 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Grayned v. City of RockfordSupreme Court of the United States · 1972
  5. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941

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