Reconceptualizing Ford as the Jurisprudential Vehicle Driving Interstate Federalism off the Specific Personal Jurisdictional Map
Forthcoming Tennessee Law Review (Winter 2025)
67 Pages Posted: 25 Jun 2024 Last revised: 27 Feb 2025
Date Written: November 01, 2023
Abstract
In the landmark 2021 decision of Ford Motor Co. v. Montana Eighth Judicial District Court, the Supreme Court initiates a jurisprudential reconfiguration that fundamentally disrupts the established paradigms of specific personal jurisdiction, with profound implications for interstate federalism. The decision necessitates a reevaluation of interstate federalism as an independent analytical construct within the framework of specific personal jurisdiction, effectively rendering it obsolete. An exhaustive exegesis of Justice Kagan's majority opinion elucidates the judicial intent to dismantle the traditional reliance on interstate federalism as a doctrinal fulcrum. By dissecting the nebulous phraseology employed in the opinion and juxtaposing it against established precedential rulings, the analysis reveals a subtle but decisive shift towards a more streamlined and pragmatic approach. This transformation aligns with Justice Ginsburg's jurisprudential approach, which prefigured the elimination of interstate federalism from the specific jurisdiction analysis. The result is a redefined jurisdictional framework that privileges reasonableness and functional coherence over archaic sovereignty concerns. This reinterpretation not only aligns with doctrinal evolution but also serves to rectify the dissonance inherent in current jurisdictional analyses, paving the way for a more coherent and efficient adjudicative process for specific personal jurisdiction.
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