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Thomas argued that while the Supreme Court of the United States may have broad discretion when deciding whether to hear ordinary appeals, disputes between states occupy a different category because the Constitution grants the high court exclusive jurisdiction over those cases.
He also accused the court of failing to follow the Constitution by refusing to hear disputes between states.
“This Court has adopted a discretionary approach to its exclusive original jurisdiction based on policy judgments that are in conflict with the policy choices that Congress made in the statutory text,” Thomas wrote.
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