Re: Ideal System...Schiavo as an illustration
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What I don't get is if they had Constitutional claims, the federal court would have had jurisdiction anyway...so, what did the statute really do if its purpose was to give jurisdiction?
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Well, I don't know for sure, but my guess is some combination of the following:
1) some of the federal claims were in fact considered and rejected by state courts, and therefore couldn't be brought up again; and
2) other claims would likely have been barred by the rule that you need to bring all of your claims arising from one set of facts in one case or by abstention principles.
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