Litigation

House to vote on removal legislation

By Carter Wood

On the House suspension calendar today is H.R.5281, the Removal Clarification Act of 2010, sponsored by Rep. Hank Johnson (D-GA). The CRS bill description:

Amends the federal judicial code with respect to removal to an appropriate U.S. district court from a state court of: (1) any civil action against the United States or a federal agency or officer, or specified others; or (2) a criminal prosecution commenced in a state court against any of them.

Declares that civil actions and criminal prosecutions include any proceeding in which a judicial order, including a subpoena for testimony or documents, is sought or issued.

When introducing the legislation, Rep. Johnson said the bill was meant to reaffirm the ability of a federal officer being sued in his official capacity to remove the litigation from the state to federal courts in certain cases, to wit:

Full post as published by Point of Law on July 27, 2010 (boomark / email).