Supreme Court of the United States

Jinks v. Richland County, South Carolina

April 22, 2003538 U.S. 456

Summary

The Court reversed the South Carolina Supreme Court's determination that 28 U.S.C. § 1367(d) is unconstitutional as applied to suits against a State's political subdivisions. Justice Scalia held the tolling provision is a valid exercise of Congress's power under the Necessary and Proper Clause to ensure the fair and efficient exercise of federal judicial power. Justice Souter concurred, noting he did not signal any change from his dissent in Alden v. Maine.