Lindsey v. Normet, 405 U.S. 56 (1972)

Citation: Lindsey v. Normet, 405 U.S. 56 (1972)
Parent Document: Lindsey v. Normet, 405 U.S. 56 (1972)
Jurisdiction: United States (federal)
Original Source: https://www.law.cornell.edu/supct/html/historics/USSC_CR_0405_0056_ZS.html ↗

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The Court's opinion exposes the fallacy of the District Court's conclusion that Oregon law is 'clear' and that '(i)t is unlikely that an application of state law would change the posture of the federal constitutional issues.' App. 73. For the Court cites Oregon decisions that have recognized certain equitable defenses in FED actions, ante, at 66 n. 11, and can only conjecture that the defenses appellants sought to raise are 'apparently' not in this category. We cannot confidently say, therefore, how the Oregon courts would treat appellants' defenses, if available at all, when asserted in an FED suit, or how, if those defenses are available in FED suits, the Oregon courts would apply the requirement of a trial no later than six days after service of process. Clearly, therefore, the Oregon law is susceptible of a 'construction by the state courts that would avoid or modify the constitutional question.' Zwickler v. Koota, 389 U.S. 241 , 249 , 88 S.Ct. 391, 396, 19 L.Ed.2d 444 (1967); Reetz v. Bozanich, 397 U.S. 82 , 90 S.Ct. 788, 25 L.Ed.2d 68 (1970). In these circumstances the District Court should have remitted appellants to the Oregon courts for an authoritative interpretation of Oregon law in these respects before adjudicating appellants' plainly nonfrivolous constitutional attacks upon the FED Statute. 69

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