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Sauk-Suiattle Indian Tribe v. City of Seattle, Washington

Certiorari Denied

Petition for certiorari denied on October 2, 2023.

Docket No.22-955
Op. Below9th Cir.

Issue

(1) Whether the court-created "futility" doctrine, which allows a federal court to decide a case removed from state court even though it lacks jurisdiction, is repugnant to Article III of the Constitution; and (2) whether application of the futility doctrine contravenes 28 U.S.C. § 1447(c), the plain language of which requires remand of the case to the state court from which it was removed.

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