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Nominee’s article suggests restricting civil-rights suits

July 11, 1981

ITEM DETAILS

Type: Newspaper article
Author: Associated Press
Source: The Arizona Republic
Collection: The Kauffman-Henry Collection
Date is approximate: No

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Associated Press WASHINGTON Sandra O’Connor, chosen by President Reagan for a Supreme Court seat, is suggesting that Congress act to restrict the number of federal civilrights suits against states and municipalities. In an article in the Summer 1981 issue of the William and Mary Law Review, Judge O’Connor suggested that federal courts should defer to state courts in some cases on COD&titutional questions. She also noted “acute confron- , tions” between state and federal courts in some school-busing cases and said tensions between the two judicial systems could increase in some areas. The judge wrote the article before the announcement of her nomination. Judge O’Connor’s statements in the article reflect a conservative theme shared by the president: the move to give states more freedom from the federal government. “It is a step in the right direction .to defer to the state courts and give finality to their judgments on federal constitutional questions where a full and fair adjudication has been given in the state court,” Judge O’Connor wrote in the article, titled “Trends in the Relationship Between the Federal and State Courts from the Perspective of a State Court Judge.” She said thousands of lawsuits against state and municipal officials are being filed in federal court under an 1871 federal civil-rights law. “In view of the great caseload increase in the federal courts and the expressed desire of the Reagan administration to hold down the federal budget, one would think

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