Also known as: enabling acts · enabling statute · enabling legislation
Written by attorneys · grounded in primary & secondary sources — see below
A federal statute that authorizes the Supreme Court to adopt rules governing the practice and procedure of the district courts. The statute expressly prohibits any rule from abridging, enlarging, or modifying substantive rights.
Alex served Regional Bank by delivering the summons to a branch manager. State law required service only on the bank's designated statutory agent. The court applied the federal service rule because it was valid under the Enabling Act and therefore governed the procedural question in the diversity action.
Maria sought to certify a class of tenants claiming unpaid deposit interest from UrbanGate. A state statute barred representative actions for such claims. The court applied Rule 23 because the rule was valid under the Enabling Act and controlled the availability of class treatment despite the conflicting state provision.
Select any source to read its text and confirm it supports the definition.
Voters approved a state constitutional amendment that withdrew protections from a specific group. Challengers argued the amendment exceeded the scope of authority granted by the state's admission enabling act. The court examined whether the amendment was consistent with the limits imposed by that federal statute.
A state statute imposed a mandatory penalty on a losing appellant who had posted a bond. The federal appellate rule addressed the same timing issue differently. The court applied the federal rule after confirming it was a valid exercise of authority under the Enabling Act.
Plaintiffs proposed using statistical sampling to determine backpay for a large class without individual proceedings. The defendant objected that the method would prevent litigation of individual defenses. The court refused the approach because it would modify substantive rights in violation of the Enabling Act.
A city applied its landmarks law to bar alterations to a historic terminal. The owner claimed the restriction constituted a taking. The court considered whether the state enabling legislation that authorized the landmarks program validly limited the scope of local regulatory power.
A Federal Rule controls if it is on point and valid under the Rules Enabling Act. Validity requires that the rule regulate procedure without abridging, enlarging, or modifying any substantive right.
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Yes. Rule 23 governs class certification because it addresses only the procedural mechanism for aggregation and does not alter the underlying substantive rights to recover.
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The rule must deal with practice or procedure and must not abridge, enlarge, or modify any substantive right. Rules meeting this standard apply in diversity actions even when they conflict with state law.
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When a valid Federal Rule is on point, the Enabling Act analysis controls and the forum-shopping inquiry applies only in the absence of such a rule.
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…quality of life for people.”[^maj-4] New York City, responding to similar concerns and acting pursuant to a New York State enabling Act,[^maj-5] adopted its Landmarks Preservation Law in 1965. See N. Y. C. Admin. Code, ch. 8-A, § 205-1.0 et seq. (1976). The city acted from the conviction that “the standing of [New York…