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Article: Court expands state sovereign immunity--again.
- Article from:
- Trial
- Article date:
- May 1, 2001
- Author:
CopyrightCOPYRIGHT 2001 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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Without a doubt, one of the most dramatic changes in constitutional law in recent years has been the Supreme Court's substantial expansion of state sovereign immunity. The Court's recent ruling in Board of Trustees v. Garrett held that state governments may not be sued for employment discrimination in violation of Title I of the Americans with Disabilities Act (ADA).(1)
This is the latest in a series of decisions in which the Court has invoked the Eleventh Amendment, which prohibits bringing lawsuits against the states in federal court. In 1999, the Court ruled that state governments may not be sued for patent infringement.(2) In 2000, the Court held that state ...