Stephen Busch, et al. v. Tamara Nappier, et al.
Environmental SocialSecurity Privacy ClassAction JusticiabilityDoctri
Whether a court resolves all doubts against removal and in favor of remand, or accepts the removal notice's allegations as true and resolves all doubts in favor of federal jurisdiction
QUESTIONS PRESENTED 1. Whether, in the context of a facial challenge to a federal-officer removal, a court resolves all doubts against removal and in favor of remand, as the Sixth Circuit has held, or instead accepts the removal notice’s allegations as true and resolves all doubts in favor of federal jurisdiction, as held by the Third, Fourth, Fifth, Seventh, Ninth, and Eleventh Circuits. 2. Whether federal-officer removal is appropriate when an individual has performed duties a federal agency or officer would otherwise have to perform absent a delegation of authority, as the Third, Fifth, Seventh, and Eleventh Circuits have held, or whether the performance of such duties is merely a factor in the jurisdictional analysis, as the Sixth Circuit has held.