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Article: Ability to sue state governments narrowed.
- Article from:
- Trial
- Article date:
- December 1, 1999
- Author:
CopyrightCOPYRIGHT 1999 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Over the last few years, the Supreme Court has made it much more difficult to sue state governments, even on federal claims. In a series of 5-4 rulings, the Court has used federalism to immunize state governments from suit in both state and federal courts.
In three decisions handed down on June 23, 1999, the Court greatly expanded the immunity of state governments from suit.(1) After these decisions, what options does an attorney have in seeking relief from a state government?
The answer, as embodied in the current law, can be summarized in five points:
* State governments cannot be sued in state court without their consent, even on federal ...