Also known as:comity · comity of nations · international comity
Written by attorneys · grounded in primary & secondary sources — see below
A principle of mutual deference and respect among sovereign states or between federal and state governments. It encourages one sovereign to refrain from interfering with the proceedings or laws of another when doing so would undermine the other's authority or create unnecessary conflict.
Sources & Authorities
How it applies
Common Examples
6
Federal Abstention From State Prosecution
Carlos Castillo faces state criminal charges for organizing a protest at a power plant. He asks a federal district court to enjoin the prosecution on First Amendment grounds. The federal court declines to issue the injunction because the state proceeding is already underway and no bad-faith prosecution or flagrantly invalid statute is shown.
State Court Deference In Housing Dispute
Craig Caldwell challenges a state eviction proceeding in federal court after losing in state housing court. The federal court abstains to allow the state process to conclude without interference.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Casebooks
Lindsey v. Normet405 U.S. 56 (1972)
Respect For State Land Policy
Cade Carpenter sues in federal court to block a state land redistribution program. The court defers to the state's implementation of its own eminent domain rules rather than imposing federal overrides.
Hawai`i Housing Authority v. Midkiff467 U.S. 229, 233-234 (1984)
Limits On Punitive Damages Across States
Claire Campbell obtains a large punitive award in one state against a national company. Another state court refuses to enforce the full amount out of respect for the first state's regulatory interests.
BMW of North America, Inc. v. Gore517 U.S. 559, 575, 580-81 (1996)
Family Residence Zoning Deference
Cecilia Cabrera challenges a city zoning ordinance that restricts extended family living arrangements. The reviewing court respects the local government's authority to define household composition within its borders.
Moore v. City of East Cleveland, Ohio431 U.S. 494, 503 (1977)
Interstate Recognition Of Status
Connor Clark claims citizenship rights based on status granted by one state. A second state court recognizes that status only to the extent required by principles of mutual respect among states.
Dred Scott v. Sanford60 U.S. 393 (1857)
Common questions
Frequently Asked
4
When must a federal court abstain from enjoining an ongoing state criminal prosecution?+
A federal court must abstain unless extraordinary circumstances exist such as bad-faith prosecution, harassment, or a flagrantly unconstitutional statute with no hope of valid application. This rule protects the state's interest in enforcing its own criminal laws without premature federal interference.
Supporting sources
How does comity affect a federal court's decision to retain supplemental jurisdiction after dismissing all federal claims?+
The court may decline supplemental jurisdiction over remaining state claims once the federal anchor is gone. Considerations of comity and respect for state courts support dismissal so that state issues can be resolved in state forums.
Supporting sources
Does comity prevent one state from exercising disciplinary authority over a lawyer licensed in multiple states?+
No. Each licensing state retains independent authority over its licensees regardless of where the conduct occurred. Comity may encourage coordination between states but does not strip any state of its regulatory power.
Supporting sources
When should a federal court apply Pullman abstention in a case involving an unsettled state law issue?+
The court should abstain when resolution of the state law question by state courts could avoid or substantially narrow the federal constitutional claim. This promotes comity by allowing state courts to interpret their own statutes first.
Supporting sources
431 U.S. 494, 503 (1977)Property
…her from pressing in this Court any constitutional objections to the city's zoning ordinance. Considerations of federalism and comity, as well as the finite capacity of federal courts, support this position. In courts, as in hospitals, two bodies cannot occupy the same space at the same time; when any case comes here…