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.