Adar v. Smith

WIENER, Circuit Judge,

with whom BENAVIDES, CARL E. STEWART, DENNIS and PRADO, Circuit Judges, join, dissenting:

Convinced that we should affirm the district court by holding that the Full Faith and Credit Clause (“FF&C Clause”) creates a federal right that is actionable against state actors via 42 U.S.C. § 1983, I respectfully dissent.

At the very core of the issue that I take with the en banc majority is my rejection out of hand of the linchpin of their assertion, i.e., that the FF&C Clause imposes obligations solely on state courts and not on any other state actors. I reject that credo for…