U.S. Rep. Diane Black (R-TN) introduced a bill on Tuesday that would codify the Pullman doctrine, which encourages federal judges to avoid presiding over matters related to state laws.
In addition to keeping court decisions related to state laws within state courts, the legislation, the Pullman Act, H.R. 4502, would allow for the immediate appeal of federal court decisions that deny a stay.
“Common sense and the 10th Amendment dictate that state courts should be the final arbiters of state law,” Black said. “Tennesseans have witnessed firsthand what happens when a heavy-handed federal judge oversteps their bounds and denies our courts this right. This confusion must be reconciled. That is why my bill demonstrates the weight of Congress in supporting an abstention doctrine designed to ensure state courts do not lose jurisdiction over state issues.”
Black’s bill follows a case in which a federal judge presided over a lawsuit contesting a constitutional amendment approved by Tennessee voters. Federal judges have also presided over cases related to state laws in Pennsylvania, Wisconsin and Massachusetts.
“The bill further allows for an interim appeal if a federal judge denies a motion to stay the matter,” Black said. “In doing so, this legislation will clarify any uncertainty among federal judges and ensure federal courts are upholding the rule of law.”