Supplemental Jurisdiction Tolling Provision Is Constitutional

If a federal court declines to exercise its supplemental jurisdiction over state claims, the plaintiff may refile those claims in state court. To prevent the expiration of statutes of limitations governing such claims while pending in federal court, 28 U.S.C. § 1367(d) requires state courts to toll the local limitations period. In Jinks v. Richland County, South Carolina, 538 U.S. 456 (Apr. 22, 2003), the U.S. Supreme Court rejected the argument that the statute was an unconstitutional intrusion into states’ powers.