Archived SI output (machine-generated)
The 30-day removal deadline in §1446(b)(1) admits no equitable tolling; Enbridge's removal was untimely and the case must be remanded to state court.
Archived SI output (machine-generated) · No editorial review recorded
This historical SI draft was machine-generated by software and has no editorial review time on record. Verify its factual and legal claims against the original source before relying on it.
Enbridge Energy, LP v. Nessel
Sonia Sotomayor
The 30-day removal deadline in §1446(b)(1) admits no equitable tolling; Enbridge's removal was untimely and the case must be remanded to state court.
Whether the 30-day removal deadline in 28 U.S.C. §1446(b)(1) is subject to equitable tolling when the case involves federal-question jurisdiction over interstate commerce under Article III, Section 2.
Constitutional concerns with the original
- Majority applies a judicially created 'presumption of equitable tolling' with no basis in ratification-era practice, where statutory deadlines were enforced as written without open-ended equity absent explicit exceptions.
- Relies on post-1900 precedents (e.g., Boechler, Nutraceutical) to interpret statutory structure, departing from pure text and 1789 Judiciary Act understanding that Congress sets strict procedural rules for federal court access under Article III.
Solution text
Operative provisions
Bipartisan rationale
A pure textualist holding honors Democratic traditions of clear statutory enforcement to protect state regulatory authority (Tenth Amendment) and Republican originalist commitment to written law over judge-made equitable doctrines, ensuring procedural certainty both parties value.
Constitutional citations
- → Article III, Section 1
- → Article III, Section 2, Clause 1
- → Article I, Section 8, Clause 3
- → Article I, Section 8, Clause 18
- → Tenth Amendment
- → Federalist No. 78
Article III, Section 1 Article III, Section 2, Clause 1 Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Amendment X
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Generated by VFA SI Solutions · 2026.05.15 06:03 UTC · ← Back to the Republic