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Instead Justice Douglas and his counterparts stepped into the shoes of the legislature and created an avenue by which a claimant in a §1983 action could bypass state courts. It is the job of the judiciary to say what the law is and not what it should be.
The Monroe decision has created a great strain on the federal courts...
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§ 1983 actions, which the states could handle, have flooded the federal dockets. Prior to Monroe the Federal Supplement listed three columns of citation to § 1983. Since Monroe that number has grown to well over two hundred. (Shepard's)
Further, the Monroe decision has caused the courts to back track in an attempt to curtail the expansion they created...
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