Federal Question Jurisdiction: When Can You Sue in Federal Court?

Federal courts have limited jurisdiction, meaning they can only hear specific types of cases. One crucial type is "federal question jurisdiction," which allows federal courts to hear cases involving federal law. This authority stems from 28 U.S.C.A. § 1331, which grants federal district courts original jurisdiction over "all civil actions arising under the Constitution, laws, or treaties of the United States."

What Does "Arising Under" Mean?

Essentially, a case "arises under" federal law when:

• Federal Law Creates the Cause of Action: The most straightforward scenario is when a federal statute or the U.S. Constitution itself provides the basis for the lawsuit. This was recently illustrated in Royal Canin U. S. A., Inc. v. Wullschleger, 604 U.S. 22 (2025).
• State-Law Claims Raise Substantial Federal Issues: Even if a lawsuit is based on state law, it can fall under federal question jurisdiction if it "necessarily raise[s] a substantial and actually disputed federal question." This nuanced area has been addressed in cases like Royal Canin U. S. A., Inc. v. Wullschleger, 604 U.S. 22 (2025) and Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, 578 U.S. 374 (2016).

The "Well-Pleaded Complaint" Rule

To determine if a case involves a federal question, courts look at the plaintiff's "well-pleaded complaint." This means:

• The federal question must be evident from the plaintiff's initial description of their claim, not from any defenses the defendant might raise (Vaden v. Discover Bank, 556 U.S. 49 (2009)).

Key Considerations:

• Substantial Federal Issue: Simply mentioning federal law isn't enough. The federal issue must be a "necessary element" of the plaintiff's claim (Gully v. First Nat. Bank, 299 U.S. 109 (1936)).
• Balance of Federal and State Power: The federal issue must be substantial and capable of resolution in federal court without disrupting the appropriate balance between federal and state judicial responsibilities (Gunn v. Minton, 568 U.S. 251 (2013)).

In Summary:

Federal question jurisdiction allows federal courts to hear cases where:

• A federal law creates the plaintiff's right to sue.
• A state-law claim inherently involves a significant and contested federal issue.