The Burger Court and Younger Abstention: Enhancing the Role of State Courts in Constitutional Adjudication

Abstract

An important determinant of federal balance is the degree of state court authority to decide federal constitutional issues. This study traces the development of the Younger abstention doctrine, one of the primary vehicles by which the Burger Court restricted federal court jurisdiction and enhanced the authority of state courts in constitutional adjudication. The Younger doctrine was adopted by the Supreme Court in 1971 for reasons of comity and equitable restraint. Throughout the Burger Court years, Younger was expanded from an initial denial of jurisdiction to litigants seeking injunctive relief in state criminal proceedings, to litigants in cases “akin” to criminal proceedings, and then to litigants in cases “important to state interests.” By relying on Younger abstention, the Burger Court has reduced the role of the federal courts as the primary enforcement of U.S. constitutional rights.