Wisconsin Department of Corrections v. Schacht Page 20

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Audio Transcription for Oral Argument - April 20, 1998 in Wisconsin Department of Corrections v. Schacht

David E. Lasker:

I think that's at least clear in determining the application of 1447(c) to the facts in this case.

However, I am arguing that I think the problem exists in the case of whether the court has original jurisdiction under 1441(a), and that the best rule would be to require that the State court dismiss any claims that would otherwise be barred in the Eleventh Amendment before removal could occur.

If there are no further questions, then I'll sit down.

Thank you very much.

William H. Rehnquist:

Thank you, Mr. Lasker.

The case is submitted.