So you want to go to Federal Court ? — The Younger Abstention Doctrine

Posted On Aug 25 2014 by

The federal court will abstain.  It’s called the Younger Abstention Doctrine. Younger v. Harris, 401 U.S. 37, 91 S. Ct. 746, 27 L. Ed. 2d 669 (1971). Younger was used in Canatella v. California, 404 F.3d 1106, 1109 – 1110 (9th Cir. 2005) by the federal court to dismiss a case where an attorney sought to have the court address certain First Amendment issues regarding the bar association’s interest in disciplining him: The Middlesex Factors: “Absent `extraordinary circumstances’, abstention in favor of state judicial proceedings is required if the state proceedings (1) are ongoing, (2) implicate important state interests, and …