St. John's Law Review

No Welcome Mat, No Problem?: Federal-Question Jurisdiction After Grable

By: Rory Ryan

For nearly 20 years, the Supreme Court’s federal-question jurisprudence was muddied after the Court’s decision in Merrell-Dow.  Last term, the Court issued a much-needed clarification in Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing.  But the implications of Grable need further clarification.  While the area of federal-question jurisprudence is rich with debate about what the law should be, a candid post-Grable synthesis is needed both to guide courts and to provide a common ground for these debates.  This Article endeavors to provide a candid synthesis of what the law is after Grable.

Federal-question jurisdiction is not a concept that can be viewed without its historical and theoretical underpinnings.  And a bald reading of Grable does not reveal the nuances that exist, as many years of precedent have been synthesized into a new test.  This Article first outlines the basic structure of the subject-matter-jurisdiction inquiry, explaining the structure of Article III of the Constitution, the significance of its use of the words “arising under,” and the interrelationship between those words in the Constitution and the same words in § 1331.  The Article then traces the pre-Grable interpretation of the federal-question statute to provide the necessary context for understanding Grable at a more than superficial level.  Next, the Article details the Grable decision and how it both arrived at and applied its new four-prong test.  Finally, the article analyzes the four-prong test and provides a framework for applying it to future cases.