Orr v. Orr

I agree with Mr. Justice Rehnquist that the Court, in its desire to reach the equal protection issue in this case, has dealt too casually with the difficult Art. Ill problems which confront us. Rather than assume the answer to questions of state law on which the resolution of the Art. Ill issue should depend, and which well may moot the equal protection question in this case, I would abstain from reaching either of the constitutional questions at the present time.

This Court repeatedly has observed:

“[W]hen a federal constitutional claim is premised on an unsettled question of state law, the…