LOCATION:New Jersey State Legislature
DOCKET NO.: 76 ORIG
DECIDED BY: Burger Court (1975-1981)
CITATION: 437 US 601 (1978)
ARGUED: Mar 29, 1978
DECIDED: Jun 22, 1978
Jerome B. Falk, Jr. –
John L. Hill –
Media for California v. Texas
Audio Transcription for Opinion Announcement – June 22, 1978 in California v. Texas
Warren E. Burger:
In original, number 76 filed under the original jurisdiction provisions of the Constitution by California against Texas, the motion for leave and to file a bill of complain is denied.
In this case, California seeks to invoke the original and exclusive jurisdiction of this court to settle a dispute with the state of Texas over the question of which state has the power to collect death taxes from the state of the Late Howard Robard Hughes.
The Court today without explanation of any kind evidently concludes that California’s complaint does not state acclaim within our original and exclusive jurisdiction.
This conclusion seems to me squarely contrary to a long standing precedent of this court.
In the case of Texas against Florida, reported in volume 306 of the United States Reports.
That case was decided in 1939, it involved the estate of Colonel Edward Green, the son of the legendary Hetty Green.
I have joined in the order denying California’s motion for leave to file this complain, only because I think the case of Texas against Florida was wrongly decided and should be overruled.
My views are set out in the concurring opinion filed today which Mr. Justice Powell and Mr. Justice Stevens have joined.
Mr. Justice Brennan has also filed a concurring opinion and Mr. Justice Powell has also filed a separate concurring opinion.
Warren E. Burger:
Thank you Mr. justice Stewart.