Bolding v. Holshouser

Deferentially I disagree with today’s basic holding. It is that the motion to dismiss the complaint under FRCiv.P 12(b)(6) — failure to state a claim upon which relief can be granted — must be denied in this suit brought by 29 inmates of 13 State prisons, to have the Federal District Court assume supervision of all 77 of the prisons comprising the North Carolina system.

The very entertainment of the instant complaint, in my view, offends a fundamental of federalism: it is a bald, bold and entire usurpation of an official State function. Rizzo v. Goode, 423 U.S. 362, 380, 96 S.Ct. 598, 46…