Jordan Powell v. JBG Smith Properties, LP First Residences, et al.
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Whether the civil rights removal statute 28 U.S.C. Section 1443 permits removal remand review according to the text thereof where Subsection 1447(d) doctrine limits removal remand review of civil rights matters to cases removed regarding racial equality
QUESTION PRESENTED The Civil Rights Act of April 9, 1866, was reenacted on May 31, 1870. The 1866 Act was enacted by : Congress using power established by the Thirteenth Amendment of the United States Constitution. The reenactment exercised the powers of Congress established by the Thirteenth and Fourteenth Amendments. Section One of the reenacted 1866 Act and Section Sixteen of the 1870 Act are the current bases for the United States Code Title 42 Section 1981 \ of Civil Rights Chapter 21. Pursuant to the United States Code Title 28 Section 1448, Subpart 1, of Removal Chapter 89, cases with civil rights matters are removable to United States District Courts when a defendant's civil rights have been denied or are unenforceable in State or Territorial courts or within the United States. Pursuant to Subsection 1447(d) of the removal chapter, appellate review of a United States District Court remand order for lack of subject matter jurisdiction is limited to matters removed pursuant to Sections 1442 or 1443. The question presented is as follows: Whether the civil rights removal statute 28 U.S.C. Section 1443 permits removal remand review according to the text thereof where Subsection 1447(d) doctrine limits removal remand review of civil rights matters to cases removed regarding racial equality. i