Duhne v. New Jersey - 251 U.S. 311 (1920)
U.S. Supreme Court
Duhne v. New Jersey, 251 U.S. 311 (1920)
Duhne v. New Jersey
No. ___, Original
Argued January 5, 1920
Decided January 12, 1920
251 U.S. 311
The federal courts have no jurisdiction of a suit brought by a citizen against his own state without its consent. P. 251 U. S. 313.
In § 2 of Art. III of the Constitution, the second clause merely distributes the federal jurisdiction conferred by the preceding one into original and appellate jurisdiction, and does not itself confer any. Id.
Permission will not be granted to file an original bill if jurisdiction to entertain it is clearly lacking. P. 251 U. S. 314.
Motion denied; rule discharged.
The case is stated in the opinion.