ankenbrandt
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jurisdiction
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dismiss
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principles
announced
younger
harris
appeals
affirmed
held
domestic
relations
exception
federal
diversity
jurisdiction
exists
matter
statutory
construction
pp
exception
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barber
announced
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courts
ever
since
recognized
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unwilling
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rule
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century
half
pp
examination
article
iii
constitution
barber
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relations
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jurisdiction
rather
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lie
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de
la
rama
de
la
rama
pp
domestic
relations
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divorce
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affirming
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relations
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matter
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proper
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pp
district
erred
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doctrine
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alimony
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abstention
inappropriate
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alleged
pp
white
delivered
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rehnquist
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kennedy
souter
joined
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stevens
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ducote
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filed
brief
petitioner
paul
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cause
respondents
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dalton
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lowry
steven
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john
powell
filed
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civil
liberties
union
amicus
curiae
urging
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justice
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whether
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courts
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involving
alleged
torts
committed
former
husband
petitioner
female
companion
petitioner
children
sole
basis
federal
jurisdiction
provision
petitioner
carol
ankenbrandt
citizen
missouri
brought
lawsuit
september
behalf
daughters
respondents
jon
richards
debra
kesler
citizens
louisiana
district
eastern
district
louisiana
alleging
federal
jurisdiction
based
provision
ankenbrandt
complaint
sought
monetary
damages
alleged
sexual
physical
abuse
children
committed
richards
kesler
richards
divorced
father
children
kesler
female
companion
december
district
granted
respondents
motion
dismiss
lawsuit
citing
burrus
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whole
subject
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child
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ed
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ii
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wright
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pp
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presents
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substantial
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colorado
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alleged
difficulty
concluding
burford
abstention
inappropriate
case
thus
conclude
appeals
erred
affirming
district
rulings
decline
jurisdiction
based
domestic
relations
exception
diversity
jurisdiction
abstain
doctrine
younger
harris
supra
exception
place
suit
one
former
spouse
sues
another
behalf
children
alleged
abused
allegations
complaint
request
district
issue
divorce
alimony
child
custody
decree
hold
suit
appropriate
exercise
jurisdiction
given
existence
diverse
citizenship
petitioner
respondents
pleading
relevant
amount
controversy
accordingly
reverse
decision
appeals
remand
case
proceedings
consistent
opinion
ordered
footnotes
courts
appeals
generally
diverged
cases
involving
application
domestic
relations
exception
tort
suits
brought
federal
pursuant
diversity
jurisdiction
see
bennett
bennett
app
holding
exception
bar
claim
damages
bar
claims
injunctive
relief
cole
cole
holding
exception
apply
tort
suits
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custody
visitation
disputes
drewes
ilnicki
holding
exception
apply
tort
suit
intentional
infliction
emotional
distress
lloyd
loeffler
holding
exception
apply
tort
claim
interference
custody
child
mcintyre
mcintyre
holding
exception
apply
case
involve
questions
parental
status
interference
pending
state
domestic
relations
proceedings
alteration
state
judgment
impingement
state
supervision
minor
ingram
hayes
holding
exception
applies
divest
federal
jurisdiction
tort
action
intentional
infliction
emotional
distress
read
ohio
ex
rel
popovici
agler
accord
conclusion
case
referenced
language
burrus
regarding
domestic
relations
exception
held
state
precluded
constitution
relevant
federal
statutes
exercising
jurisdiction
divorce
suit
brought
roumanian
see
see
vestal
foster
implied
limitations
diversity
jurisdiction
federal
courts
atwood
domestic
relations
cases
federal
toward
principled
exercise
jurisdiction
hastings
rush
domestic
relations
law
federal
jurisdiction
state
sovereignty
perspective
notre
dame
note
domestic
relations
exception
diversity
jurisdiction
note
domestic
relations
exception
diversity
jurisdiction
boston
college
justice
blackmun
criticizes
us
resting
upon
congress
apparent
acceptance
earlier
construction
diversity
statute
codification
see
post
opinion
concurring
judgment
see
nothing
remarkable
decision
see
flood
kuhn
better
reasoned
views
among
courts
appeals
similarly
stated
domestic
relations
exception
narrowly
confined
suits
divorce
alimony
child
custody
decrees
see
mcintyre
mcintyre
opinion
kennedy
exception
jurisdiction
arises
cases
federal
asked
grant
decree
divorce
annulment
grant
custody
fix
payments
support
lloyd
loeffler
bennett
bennett
app
cole
cole
courts
offered
explanation
aware
none
domestic
relations
exception
applies
respondent
kesler
appear
stand
position
respect
ankenbrandt
opponent
tort
suit
brought
federal
pursuant
diversity
jurisdiction
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burford
abstention
relevant
circumstances
may
appropriate
retain
jurisdiction
ensure
prompt
disposition
matter
upon
determination
state
relevant
issue
cf
kaiser
steel
ranch
though
acknowledges
earlier
cases
invoking
domestic
relations
exceptions
speak
jurisdictional
terms
justice
blackmun
nevertheless
reinterpret
support
special
abstention
doctrine
cases
see
post
blackmun
concurring
judgment
yet
briefly
sketching
vision
doctrine
might
operate
justice
blackmun
offers
authoritative
support
abstention
doctrine
might
found
principled
reason
retroactively
concoct
abstention
doctrine
whole
cloth
account
federal
practice
existence
years
prior
announcement
first
abstention
doctrine
railroad
texas
pullman
persuasive
reason
articulation
abstention
doctrine
offers
sounder
way
achieving
result
construction
statute
justice
blackmun
concurring
judgment
agree
district
jurisdiction
petitioner
claims
tort
moreover
agree
federal
courts
entertain
claims
divorce
alimony
child
custody
unable
agree
however
diversity
statute
contains
exception
domestic
relations
matters
goes
remarkable
lengths
craft
exception
simply
statute
supported
case
law
view
longstanding
unbroken
practice
federal
courts
refusing
hear
domestic
relations
cases
precedent
continued
discretionary
abstention
rather
mandatory
limits
federal
jurisdiction
reasons
concur
judgment
holds
diversity
statute
contains
exception
cases
seeking
issuance
divorce
alimony
child
custody
decree
ante
yet
exception
appears
statute
diversity
statute
ambiguous
extends
jurisdiction
district
courts
civil
actions
diverse
parties
involving
requisite
amount
controversy
emphasis
added
recognized
absence
clearly
expressed
intention
contrary
language
statute
ordinarily
conclusive
see
consumer
product
safety
gte
sylvania
apparently
discovers
history
diversity
statute
case
law
clearly
expressed
intention
contrary
words
statute
first
observes
diversity
statute
formerly
extended
suits
civil
nature
common
law
equity
rather
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actions
ante
interprets
decision
barber
barber
read
common
law
equity
limitation
exclusion
matters
actions
divorce
alimony
cognizable
english
courts
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law
equity
ante
points
regards
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apparent
acceptance
construction
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statute
ante
finally
notwithstanding
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common
law
equity
limitation
phrase
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actions
considers
evidence
congress
adopted
prior
construction
diversity
statute
ibid
great
difficulty
approach
starting
obvious
point
see
language
change
anything
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jurisdictional
scope
statute
said
constitute
evidence
approval
prior
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construction
inaction
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congress
failing
expressly
mention
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relations
matters
diversity
statute
reflects
fact
discussed
congress
likely
idea
decision
today
diversity
statute
contained
exception
domestic
relations
matters
leads
primary
concern
conclusion
congress
understood
barber
interpretation
diversity
statute
barber
express
intent
construe
diversity
statute
clearly
barber
cited
authority
discuss
foundation
announcement
disclaiming
jurisdiction
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alimony
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ante
puts
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basis
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statute
ante
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majority
opinion
rather
inferred
comments
dissenting
justice
absence
rebuttal
barber
majority
ante
today
difficult
enough
time
arriving
unlikely
interpretation
barber
decision
imagine
congress
ever
assembled
construction
event
least
three
subsequent
decisions
seriously
undermine
inference
barber
recognition
domestic
relations
exception
traces
common
law
equity
limitation
diversity
statute
simms
simms
heard
appeal
husband
territory
arizona
affirming
territorial
district
dismissal
bill
divorce
award
wife
alimony
counsel
fees
pendente
lite
wife
sought
dismissal
appeal
suit
involved
domestic
relations
contrast
barber
undertook
extensive
review
discussion
statutory
bases
jurisdiction
appeal
expressly
recognized
appellate
jurisdiction
confined
cases
cases
law
equity
emphasis
added
nevertheless
simms
find
common
law
equity
limitation
bar
jurisdiction
distinguished
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grounds
jurisdictional
statute
barber
limited
cases
law
equity
simms
indeed
distinguished
distinguished
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grounds
involved
domestic
relations
matters
rather
territories
reasoned
whole
subject
domestic
relations
belongs
laws
state
laws
territories
congress
entire
dominion
sovereignty
national
local
today
infers
interpretation
barber
simms
plainly
rejected
second
decision
undermining
interpretation
barber
de
la
rama
de
la
rama
took
jurisdiction
appeal
philippine
islands
wife
action
divorce
alimony
citing
barber
de
la
rama
explained
historical
reasons
federal
courts
exercised
jurisdiction
actions
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alimony
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law
equity
limitation
finds
significant
among
reasons
even
though
appellate
jurisdictional
statute
issue
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actions
cases
causes
proceedings
stat
opening
door
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law
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statute
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grounds
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upon
simms
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barber
pointed
absence
need
defer
regulation
area
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relations
context
appeal
nonstate
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third
decision
ohio
ex
rel
popovici
agler
popovici
roumanian
vice
consul
sued
wife
ohio
state
divorce
alimony
defended
claiming
ohio
state
jurisdiction
grant
divorce
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statutes
granted
exclusive
jurisdiction
federal
courts
suits
proceedings
consuls
suits
consuls
quoting
act
march
ch
stat
rejecting
claim
justice
holmes
observed
unanimous
jurisdictional
statutes
affect
present
case
true
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century
courts
jurisdiction
divorce
traced
absence
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statute
apparently
constitution
constitution
adopted
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understanding
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relations
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wife
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child
matters
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instrument
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statutes
suits
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taken
refer
ordinary
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proceedings
include
formerly
belonged
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courts
id
even
assuming
today
correctly
interprets
barber
extension
domestic
relations
exception
diversity
statute
child
custody
matters
warranted
known
principles
statutory
construction
relies
burrus
denied
jurisdiction
federal
district
issue
writ
habeas
corpus
favor
father
recover
care
custody
child
child
grandfather
case
involve
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statute
rather
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corpus
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expressly
declined
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statute
today
technica
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ante
find
germane
best
knowledge
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craft
exceptions
statutes
issue
case
ii
reject
construction
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statute
however
necessarily
reject
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courts
longstanding
practice
declining
hear
certain
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relations
cases
point
today
coherent
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practice
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line
cases
unreasonable
presume
congress
divined
accepted
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sure
old
line
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relations
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disclaimed
jurisdiction
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relations
matters
well
growth
general
acceptance
recent
decades
modern
doctrines
federal
abstention
distinguish
refusal
exercise
jurisdiction
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jurisdiction
altogether
see
generally
wright
federal
courts
discussing
growth
traditional
abstention
doctrines
see
also
francis
henderson
recognizing
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context
habeas
corpus
statute
considerations
comity
concerns
orderly
administration
criminal
justice
require
nevertheless
common
concern
reflected
earlier
cases
modern
terms
abstentional
jurisdictional
nature
cases
premised
upon
concern
historical
limitation
equity
jurisdiction
english
courts
upon
virtually
exclusive
primacy
time
regulation
domestic
relations
noted
simms
de
la
rama
justified
exercise
jurisdiction
actions
divorce
alimony
reference
scope
equity
jurisdiction
reference
absence
interest
appeals
courts
territories
controlled
national
government
similarly
cases
wholly
outside
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law
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limitation
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statute
denied
federal
review
ohio
ex
rel
popovici
agler
consuls
statutes
burrus
supra
habeas
corpus
stated
whole
subject
domestic
relations
husband
wife
parent
child
belongs
laws
laws
whether
interest
remains
sufficient
justification
today
abstention
uncertain
view
expansion
recent
years
federal
law
domestic
relations
area
confident
nonetheless
unbroken
unchallenged
practice
federal
courts
since
war
declining
hear
certain
domestic
relations
cases
provides
rare
justification
continuing
without
significance
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historical
practice
federal
courts
developed
specialized
courts
institutions
family
matters
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courts
generally
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contrary
command
congress
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courts
properly
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actions
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excluded
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courts
seeking
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alimony
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custody
correct
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rarely
invoked
ante
rarer
still
far
greater
affront
congress
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invents
statutory
exceptions
simply
one
thing
defer
century
practice
unquestioned
congress
quite
another
defer
pretext
congress
legislated
fact
never
although
occasion
resolve
issue
definitive
fashion
case
suggest
principles
abstention
provide
principled
basis
continued
disinclination
entertain
domestic
relations
matters
whether
domestic
relations
exception
properly
grounded
principles
abstention
principles
jurisdiction
believe
case
falls
within
exception
case
peripherally
involves
subject
domestic
relations
domestic
relations
actions
loosely
classifiable
four
categories
first
core
category
involves
declarations
status
marriage
annulment
divorce
custody
paternity
second
semicore
category
involves
declarations
rights
obligations
arising
status
former
status
alimony
child
support
division
property
third
category
consists
secondary
suits
enforce
declarations
status
rights
obligations
final
catchall
category
covers
suits
directly
involving
status
obligations
arising
status
nonetheless
generally
relate
domestic
relations
matters
tort
suits
family
former
family
members
sexual
abuse
battering
intentional
infliction
emotional
distress
none
prior
cases
consider
domestic
relations
exception
involves
type
periphery
domestic
relations
claim
issue
petitioner
seek
determination
status
obligations
arising
status
moreover
federal
determination
petitioner
claims
neither
upset
prior
state
determination
status
obligations
appurtenant
status
preempt
pending
state
determination
nature
cf
moore
sims
applying
younger
abstention
doctrine
prevent
federal
action
seeking
enjoin
pending
state
child
custody
proceeding
brought
state
authorities
petitioner
claims
involve
federal
question
statute
presence
strongly
counsel
abstention
see
colorado
river
water
conservation
dist
petitioner
tort
claims
money
damages
easily
cognizable
federal
considerations
favor
exercise
federal
jurisdiction
petitioner
claims
sure
modification
language
part
wholesale
revision
judicial
code
recognized
changes
law
policy
presumed
changes
language
revision
unless
intent
make
changes
clearly
expressed
fourco
class
transmirra
products
see
finley
principle
may
negate
inference
change
language
expanded
scope
statute
affirmatively
authorize
inference
congress
recodification
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approve
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statute
moreover
intimates
ante
good
reason
question
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dissent
interpretation
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practice
historical
evidence
unequivocal
suggests
english
chancery
courts
fact
exercise
jurisdiction
matrimonial
matters
see
lloyd
loeffler
spindel
spindel
edny
atwood
domestic
relations
cases
federal
toward
principled
exercise
jurisdiction
hastings
stated
appellate
jurisdiction
review
reverse
affirm
final
judgments
decrees
territory
includes
cases
cases
law
equity
matter
dispute
exclusive
costs
shall
exceed
sum
five
thousand
dollars
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review
question
divorce
involved
matter
law
mere
questions
fact
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requirement
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value
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alimony
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de
la
rama
justified
exception
reason
fact
husband
wife
usually
citizens
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relation
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recent
cases
reason
suit
divorce
involves
pecuniary
value
first
reason
obviously
discounted
de
la
rama
course
untenable
today
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reason
apply
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actions
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limitation
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reason
moreover
disclaimed
de
la
rama
joint
divorce
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actions
rate
view
de
la
rama
explanation
surely
mistaken
never
addressed
basis
domestic
relations
exception
ante
claims
hearing
appeals
legislative
article
courts
implicitly
made
clear
understanding
source
constraint
jurisdiction
barber
article
iii
otherwise
lacked
jurisdiction
appeals
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courts
ante
however
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rule
hen
questions
jurisdiction
passed
prior
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sub
silentio
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considered
bound
subsequent
case
finally
brings
jurisdictional
issue
us
hagans
lavine
see
pennhurst
state
school
hospital
halderman
never
understood
rule
differently
cranch
marshall
statement
oral
argument
barber
might
said
plausibly
relied
limitations
english
chancery
courts
respect
divorce
alimony
seems
highly
unlikely
burrus
might
relied
similar
justification
child
custody
matters
burrus
attached
appendix
opinion
instructive
careful
able
opinion
matter
barry
circuit
southern
district
new
york
see
burrus
opinion
stated
child
custody
matters
res
solely
england
common
law
determinations
devolved
upon
high
courts
equity
law
see
also
lehman
lycoming
county
children
services
agency
dissenting
opinion
historically
english
common
law
courts
permitted
parents
use
habeas
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custody
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et
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stat
et
seq
like
diversity
statute
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question
grant
jurisdiction
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constitution
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power
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limitation
applies
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force
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finds
today
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today
casts
grave
doubts
upon
congress
ability
confer
federal
question
jurisdiction
federal
courts
matters
involving
divorces
alimony
child
custody
previously
observed
various
types
abstention
rigid
pigeonholes
pennzoil
texaco
new
orleans
public
service
council
new
orleans
need
affix
label
abstention
principles
suggest
nevertheless
fully
agree
younger
abstention
inappropriate
facts
us
absence
pending
state
proceeding
justice
stevens
justice
thomas
joins
concurring
judgment
exceedingly
easy
case
demonstrated
opinions
whatever
belief
one
holds
existence
origin
scope
domestic
relations
exception
exception
apply
however
one
understands
english
chancery
practice
however
one
construes
judiciary
act
result
judgment
appeals
must
reversed
reason
leave
another
day
consideration
whether
domestic
relations
cases
necessarily
fall
outside
jurisdiction
federal
courts
principle
justify
exception
federal
jurisdiction
agree
case
come
within
domestic
relations
exception
might
exist
concur
judgment
first
justice
harlan
cautioned
long
ago
duty
courts
justice
take
care
general
good
community
hard
cases
make
bad
law
clark
dissenting
opinion
quoting
east
india
paul
moo
courts
observe
similar
caution
regard
easy
cases
cf
town
nursing
center
blackmun
concurring
judgment
easy
cases
make
bad
law
burnham
superior
county
marin
stevens
concurring
judgment
easy
case
especially
likely
make
bad
law
unnecessarily
transformed
hard
case