David A. Thompson v. Susan A. Thompson, AKA Susan A. Clay

I concur in the majority’s analysis in Parts I, II, III, and IV of the opinion. I respectfully dissent from their view that parents subject to conflicting state child custody decrees may not seek relief in federal court to determine which decree is valid and enforceable under section 1738A of the PKPA. The majority has concluded that (1) Congress did not intend federal courts to have subject matter jurisdiction to adjudicate a claim under the PKPA in federal court, and (2) strong policies reflected in the “domestic relations” exception to diversity jurisdiction counsel against recognizing a…