Jurisdiction, First Amendment, FRCP
Federal action challenging state liquor control agency restriction on First Amendment grounds is not an imprudent challenge to state court authority via the federal system, since (1) the prudential abstention doctrine technically only applies to holdings of the state's top court; (2) the challenge is to the agency action, not to the court; (3) administrative actions are categorically removed from prudential abstention; (4) the state proceding was a deferential review on merits, and the federal case is seeking damages from violations of the First Amendment; and (5) plaintiff is still actively pursuing the state appeal.
Sutasinee Thana v. Board of License Commissioners
