Legal Opinion

Union Pacific R. Co. v. Locomotive Engineers and Trainmen Gen. Comm. of Adjustment, Central Region

Supreme Court of the United States

Decided December 8, 2009No. 08-604PublishedCited by 342 opinions

1Opinion of the CourtJustice Ginsburg

“It is most true that this Court will not take jurisdiction if it should not,” Chief Justice Marshall famously wrote, “but it is equally true, that it must take jurisdiction if it should.... We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given.” Cohens v. Virginia, 6 Wheat. 264, 404 (1821); see Marshall v. Marshall, 547 U. S. 293, 298-299 (2006). While Chief Justice Marshall’s statement bears “fine tuning,” there is surely a starting presumption that when jurisdiction is conferred, a court may not decline to exercise it. See R.…

2Cases cited23 opinions

  1. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  2. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  3. Zipes v. Trans World Airlines, Inc.Supreme Court of the United States · 1982
  4. United States v. CottonSupreme Court of the United States · 2002
  5. Bowles v. RussellSupreme Court of the United States · 2007

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3Cited by342 opinions

  1. Gonzalez v. ThalerSupreme Court of the United States · 2012
  2. Henderson v. ShinsekiSupreme Court of the United States · 2011
  3. Morrison v. National Australia Bank Ltd.Supreme Court of the United States · 2010
  4. City of New York v. Mickalis Pawn Shop, LLCCourt of Appeals for the Second Circuit · 2011
  5. City of Arlington v. Fed. Commc'ns Comm'nSupreme Court of the United States · 2013

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