Opinion

Turner Broadcasting System, Inc. v. Federal Communications Commission

  • 810 F. Supp. 1308
Court
District Court, District of Columbia
Filed
Jan 5, 1993
Status
Published
Author
Sporkin
On the bench
Williams, Sporkin, Jackson
Cited by
9 cases

finding supplemental jurisdiction improper where “plaintiffs … identified no links between [the core statutory claim and challenges to other sections of the statute] so close as to bring their attacks on the latter squarely within the ‘same case or controversy,’” and there was “no doubt” that plaintiffs’ “avalanche of [ancillary] claims 6 predominates over the” claims subject to review by a three-judge court

How later courts described this case

  • finding supplemental jurisdiction improper where “plaintiffs … identified no links between [the core statutory claim and challenges to other sections of the statute] so close as to bring their attacks on the latter squarely within the ‘same case or controversy,’” and there was “no doubt” that plaintiffs’ “avalanche of [ancillary] claims 6 predominates over the” claims subject to review by a three-judge court
  • assuming without deciding that § 1367 applies to three-judge courts, but expressing uncertainty
  • describing § 1367(a) as a threshold inquiry but applying § 1367(c)(2) despite doubts regarding the relatedness of state to federal claims
  • noting that § 1367 incorporated Gibbs test

Written by the judges who cited it.

The opinion

SPORKIN, District Judge, concurring.

I concur in the result. I believe that whether a three judge statutory court established under Section 23 of the Cable Act has jurisdiction to consider certain other related claims is strictly a question of discretion.

I concur with the majority’s decision in this case to exercise this discretion by declining to consider the various pendent claims put forth by certain of the parties. I believe it is prudent for this Court to focus only on the Section 4 and 5 challenges to the Cable Act and to refer the balance of the constitutional and other claims to a traditional single judge court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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