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UNION PACIFIC v. BROTHERHOOD OF LOCOMOTIVE ENG.

No. 08-604.

130 S.Ct. 584 (2009)

558 U.S. 67

UNION PACIFIC RAILROAD CO., Petitioner, v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN GENERAL COMMITTEE OF ADJUSTMENT, CENTRAL REGION.

Supreme Court of United States.

Decided December 8, 2009.

Attorney(s) appearing for the Case

J. Scott Ballenger, Washington, DC, for petitioner.

Thomas H. Geoghegan, Chicago, IL, for respondent.

J. Michael Hemmer, Patricia O. Kiscoan, Omaha, NE, Donald J. Munro, Goodwin Procter, Maureen E. Mahoney, Counsel of Record, J. Scott Ballenger, James C. Knapp, Jr., Gabriel K. Bell, Latham & Watkins LLP, Washington, DC, for petitioner.

Thomas H. Geoghegan, Counsel of Record, Jorge Sanchez, Carol Nguyen, Michael P. Persoon, Despres Schwartz & Geoghegan, Ltd., Chicago, IL, for Respondent.

Justice GINSBURG delivered the opinion of the Court.

"It is most true that this Court will not take jurisdiction if it should not," Chief Justice Marshall famously wrote, "but it is equally true, that it must take jurisdiction if it should. . . . We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given." Cohens v. Virginia, 6 Wheat. 264, 404, 5 S.Ct. 257 (1821); see Marshall v. Marshall,

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