Can a federal court exercise jurisdiction over constitutional questions when the claim asserted is so attenuated and unsubstantial that the claim is absolutely devoid of merit?
MultiRegion, United States of America
The following excerpt is from Anderson v. Bowen, 881 F.2d 1 (2nd Cir. 1989):
10 Federal courts are relieved of their duty to exercise jurisdiction over constitutional questions when the claim asserted is deemed " 'so attenuated and unsubstantial as to be absolutely devoid of merit', ... 'obviously frivolous', 'plainly unsubstantial', or 'no longer open to discussion.' " Hagans v. Lavine, 415 U.S. 528, 536-37, 94 S.Ct. 1372, 1378-79, 39 L.Ed.2d 577, 587 (1974) (citations omitted).
11 Section 405(h) provides:
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