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

See all articles by Rory D. Bahadur

Rory D. Bahadur

Washburn University - School of Law

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.

Suggested Citation

Bahadur, Rory D., Reconceptualizing Ford as the Jurisprudential Vehicle Driving Interstate Federalism off the Specific Personal Jurisdictional Map (November 01, 2023). Forthcoming Tennessee Law Review (Winter 2025), Available at SSRN: https://ssrn.com/abstract=4865952 or http://dx.doi.org/10.2139/ssrn.4865952

Rory D. Bahadur (Contact Author)

Washburn University - School of Law ( email )

1700 College Avenue
Topeka, KS 66621
United States

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