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States Go Head to Head in Rare ‘Original Jurisdiction’ Cases

Oct. 18, 2017, 5:38 PM

The U.S. Supreme Court’s original jurisdiction cases—that is, the cases the court hears without any lower court litigation—are few and far between. But this term the court is set to hear two: Texas v. New Mexico and Florida v. Georgia.

The U.S. Supreme Court has heard oral argument in only 10 original jurisdiction cases since 2000, according to Bloomberg Law research.

“Original cases in the Supreme Court are those that can be brought directly in the Supreme Court without first having been litigated in a lower court,” leading treatise Supreme Court Practice says.

The U.S. Constitution extends that ...

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