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MARSHALL v. MARSHALL

No. 04-1544.

547 U.S. 293 (2006)

MARSHALL v. MARSHALL

Supreme Court of United States.

Decided May 1, 2006.

Attorney(s) appearing for the Case

Kent L. Richland argued the cause for petitioner. With him on the briefs were Dana Gardner Adelstein, Alan Diamond, Edward L. Xanders, and Philip W. Boesch, Jr.

Deanne E. Maynard argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Solicitor General Clement, Assistant Attorney General O'Connor, Deputy Solicitor General Hungar, Deputy Assistant Attorney General Morrison, Jonathan S. Cohen, and Joan I. Oppenheimer.

G. Eric Brunstad, Jr., argued the cause for respondent. With him on the brief were Rheba Rutkowski, Robert A. Brundage, Susan Kim, William C. Heuer, Thomas C. Goldstein, Amy Howe, Kevin K. Russell, and Kent L. Jones.*

JUSTICE GINSBURG delivered the opinion of the Court.

In Cohens v. Virginia, Chief Justice Marshall famously cautioned: "It is most true that this Court will not take jurisdiction if it should not: but it is equally true, that it must take jurisdiction if it should. . . . We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given." 6 Wheat. 264, 404 (1821...

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