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December 7, 2022

Under federal law, a P has to allege a federal question in their original well-pleaded complaint.

Under federal law, a P has to allege a federal question in their original well-pleaded complaint.

Under 28 USC §1257, which authorizes the Supreme Court to review a state court judgment “where the validity of a treaty or statute of the US is drawn in question on the ground of its being repugnant to the Constitution, treaties or laws of the US, or where any title, right privilege or immunity is specifically set up or claimed under the Constitution or the treaties or statutes of the US,” does that not have the requirement that the federal issue must be in the well-pleaded complaint? I don’t think so but wanted to double check. (Please cite to support answer).

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