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Jefferson County Vs. Acker

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  • US Supreme Court
  • Mar 29, 1999

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74 entries 3 linked 71 unlinked
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  1. Willingham Vs. Morgan US Supreme Court · Jun 09, 1969
  2. Leslie Miller, Inc. Vs. Arkansas US Supreme Court · Dec 17, 1956
  3. Ohio Oil Co. Vs. Conway US Supreme Court · Mar 05, 1929
  4. U.S. 423 (1999) October Term, 1998 Syllabus Jefferson County, Alabama V. Acker
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  5. a)(3). To qualify for removal, the officer must both raise a colorable federal defense, see Mesa v. California
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  6. between the charged conduct and asserted official authority. Willingham v. Morgan
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  7. form of a declaratory judgment, the Court has held that declaratory relief falls within the Act's compass. California v. Grace
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  8. and State 425 Governments from taxing the salaries of another sovereign's employees. See, e. g., Dobbins v. Commissioners
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  9. of Erie Cty., 16 Pet. 435, 450. In Graves v. New
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  10. Government. Since Graves, the Court has reaffirmed a narrow approach to governmental tax immunity, United States v. New
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  11. directly on one sovereign by the other or that discriminate against a sovereign or those with whom it deals, Davis v. Michigan
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  12. The Public Salary Tax Act was enacted shortly after release of the Court's decision in Graves. In Howard v. Commissioners
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  13. a covered occupation, falls under Johnson v. Maryland
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  14. of the occupational taxpayers, in front view. The Ordinance's actual operation is the decisive factor. See Detroit v. Murray
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  15. of federal, state, and local officeholders whose services are rendered within the county. See United States v. County
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  16. I A Alabama counties, as entities created by the State, can impose no tax absent state authorization. See Estes v. Gadsden
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  17. the parties to this litigation agree, has not authorized its counties to levy an income tax. See Jefferson County v. Acker
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  18. M cPheeter v. Auburn
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  19. their pay and therefore violated the Compensation Clause of Article III of the Constitution. See Jefferson County v. Acker
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  20. The Court of Appeals declined to address that question, and it is not before this Court. See Jefferson County v. Acker
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  21. States Court of Appeals for the Eleventh Circuit initially reversed the District Court's judgment, Jefferson County v. Acker
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  22. F.3d 848 (1995), but the Circuit, sitting en banc, affirmed the District Court's disposition, Jefferson County v. Acker
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  23. deprived the District Court of jurisdiction to adjudicate the matter. Jefferson County v. Acker
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  24. or actual federal defense generally does not qualify a case for removal. See Louisville & Nashville R. Co. v. Mottley
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  25. To qualify for removal, an officer of the federal courts must both raise a colorable federal defense, see Mesa v. California
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  26. Arkansas v. Farm
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  27. Act's description of suits barred from federal district court adjudication. See Louisiana Land & Exploration Co. v. Pilot
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  28. Nevertheless, in Keleher v. New
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  29. on policy problems of substantial public import.''' Ibid. (quoting Colorado River Water Conservation Dist. v. United
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  30. in violation of the intergovernmental tax immunity doctrine. Jefferson 5 As noted in Keleher v. New
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  31. priority to state courts on questions concerning the meaning and proper application of a state tax law. Cf. Burford v. Sun
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  32. Quackenbush v. Allstate
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  33. United States v. New
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  34. Federal and State Governments from taxing the salaries of another sovereign's employees. See, e. g., Dobbins v. Commissioners
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  35. Collector v. Day
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  36. Wall. 113, 124 (1871). In Graves v. New
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  37. Id., at 487. Since Graves, we 6 Graves carried out the doctrinal contraction presaged in Helvering v. Gerhardt
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  38. held that the Federal Government could tax the salaries of employees of the Port of New York Authority. See also James v. Dravo
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  39. Davis v. Michigan
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  40. In Howard v. Commissioners
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  41. federal law. The practical impact, not the State's name tag, determines the answer to that question. See also Detroit v. Murray
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  42. cf. Ohio Oil Co. v. Conway
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  43. the respondent judges urge, as the Eleventh Circuit ruled, that the Ordinance is invalid under Johnson v. Maryland
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  44. rejects as cause for federal curtailment of the taxing power of state and local governments. See Ohio Oil Co. v. Conway
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  45. of the Ordinance-what is and not what might be-that counts in determining the merits of this case. See Detroit v. Murray
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  46. causation, however, is not enough. In Maryland v. Soper
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  47. pay the tax-and that, as I have said, is not an act required by, or even performed in connection with, cf. Willingham v. Morgan
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  48. is to give officers a federal forum in which to litigate the merits of immunity defenses. See Willingham v. Morgan
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  49. Syllabus Jefferson County, Alabama V. Acker
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  50. Mesa v. California
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