Erie Railroad v. Tompkins · ¶43

The Court’s opinion in its first sentence defines the question to be whether the doctrine of Swift v. Tyson shall now be disapproved; it recites (p. 72) that Congress is without power to prescribe rules of decision that have been followed by federal courts as s, result of the construction of § 34 in Swift v. Tyson and since; after discussion, it declares (pp. 77-78) that “the unconstitutionality of the course pursued [meanin the rule of decision resulting from that construction] compels" abandonment of the doctrine so long applied; and then near the end' of the last page the Court states that it does not hold § 34 unconstitutional, but merely that, in applying the doctrine of Swift v. Tyson construing it, this Court and the lower courts have invaded rights which are reserved by the Constitution to the several States. But, plainly through the form of words employed, the substance of the…

U. S. Reports, bound volume
U. S. Reports, volume 304, at 64 (Library of Congress) · transcription: Caselaw Access Project
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