United States District Court for the District of Oregon

Summary

United States District Court for the District of Oregon State of Oregon v. City of Rajneeshpuram… (1984)

Franchise Tax Board stands on the most fundamental level simply for the well-established proposition that a party cannot create federal court jurisdiction by anticipating a federal defense to a state law coercive action it could bring itself, with the added twist that this rule stands notwithstanding the fact that the declaratory judgment defendant also might be able to bring a coercive action that does arise under federal law.
Source: Wikisource

United States District Court for the District of Oregon State of Oregon v. City of Rajneeshpuram… (1984)

If anything, a much stronger argument can be made for the State being a more appropriate plaintiff in a case challenging a municipal establishment of religion. The State has a much stronger claim to standing, and more importantly, the State, unlike a citizen-taxpayer, is under a constitutional duty arising from the first amendment and applicable to states under the fourteenth amendment to see that it does not take action constituting an establishment of religion.
Source: Wikisource

United States District Court for the District of Oregon State of Oregon v. City of Rajneeshpuram… (1984)

Where the complaint in an action for declaratory judgment seeks, in essence to assert a defense to an impending or threatened state court action, it is the character of the threatened action, and not of the defense, which will determine whether there is federal-question jurisdiction in the District Court.
Source: Wikisource

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