. . . would mandate that the ex-stripper and Playmate model never be heard from again. Unfortunately, that was not the case at bar in Marshall v. Marshall, decided today by the US Supreme Court. At root was a procedural matter conserning whether or not federal courts could hear a tort suit arising from probate law, which in this instance involved Smith’s allegation of fraud in the handling of her late husband’s multi-million dollar estate. Writing for the majority, Justice Ruth Bader Ginsburg held that federal courts do in fact have jurisdiction, arguing “Trial courts, both federal and state, often address conduct of the kind [Smith] alleges” and that “state probate courts possess no “special proficiency” in handling such issues.”
My view: I suppose I could get excited about the 10th Amendment aspect of the Court's ruling, but quite frankly, this is a case that only garners attention because of who it concerns, not what it concerns. Now Smith’s case will go back to California, where hopefully they have the attendant experience (and stomach) for dealing with ex-strippers and their octogenarian husband’s estates.