Antonin Scalia

“ We held that the jurisdiction which § 1332 (a) (1) confers over a "matter in controversy" between a plaintiff and defendant of diverse citizenship cannot be read to confer pendent jurisdiction over a different, nondiverse defendant, even if the claim involving that other defendant meets the Gibbs test. "Gibbs," we said, "does not end the inquiry into whether a federal court has power to hear the nonfederal claims along with the federal ones. ”

“ It remains rudimentary law that " [a] s regards all courts of the United States inferior to this tribunal, two things are necessary to create jurisdiction, whether original or appellate. The Constitution must have given to the court the capacity to take it, and an act of Congress must have supplied it. ”

“ Gibbs, which has come to stand for the principle in question, held that " [p] endent jurisdiction, in the sense of judicial power, exists whenever there is a claim 'arising under [the] Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority . . .,' U.S.C.onst., Art. III, § 2, and the relationship between that claim and the state claim permits the conclusion that the entire action before the court comprises but one constitutional 'case.' " 383 U.S., at 725, 86 S.Ct., at 1138 (emphasis in original) . ”

“ Concerning the 1948 recodification of the Judicial Code in particular, we have stated that "no changes in law or policy are to be presumed from changes of language in the revision unless an intent to make such changes is clearly expressed." ”

“ It seems to us, however, that one could say precisely the same thing about the diversity jurisdiction involved in Kroger and Zahn: When Congress has unequivocally indicated its intent that a plaintiff have a right to bring a diversity action in federal court, there is reason to believe that Congress did not intend that the substance of that right be diminished, etc. We simply do not agree with the inference, in either context.↑ Justice STEVENS says that "it is perfectly clear that the District Court has . ”