2. Enforcement of Federal Rights in Suits Against State Officers: the Eleventh Amendment
PENNHURST STATE SCHOOL AND HOSPITAL V. HALDERMAN, p. 256 (1984).
- What relief is being sought
against whom?
- if
damages are sought, does it matter whether the defendant is the State or
a state officer?
- if
injunctive relief is sought, are the officers immune? If not, why not?
- On the basis of what law -
federal or state - is the relief being sought? Why should it matter?
- assuming
that the claim is based on state law, and that the officer defendants
were not immune from federal court jurisdiction, what was the basis for
the federal court's jurisdiction over this claim? Diversity jurisdiction?
- if
the officers were subject to federal court jurisdiction (sovereign
immunity doesn't apply) regarding the federal law claims, why not the
state ones?
SEMINOLE TRIBE OF FLORIDA V. FLORIDA, p. 263 (1996)
- does
Congress have the power to abrogate the States' sovereign immunity, with
respect to an Indian tribe's right to have the state engage in good faith
negotiations toward a compact allowing for tribe-sponsored gambling?
- has
it clearly indicated its intention to do so in the particular law at
issue?
- what
is the source of Congress' power to enact the law at issue?
- what
sources of regulatory power have been recognized as including the power
to abrogate State sovereign immunity? On what criteria have they been
identified?
- if
the action against the state fails, can it continue, under Ex parte
Young, against the governor? If not, why not?
Further questions
·
Are 14th Amendment Enforcement Clause
cases distinguishable from Commerce Clause cases for purposes of sovereign
immunity?
·
Are federal bankruptcy proceedings
distinguishable from Commerce Clause cases?
CVCC v. Katz, Supp. p. 19 (2006)
·
Are federal administrative proceedings
distinguishable from judicial ones, for purposes of state sovereign immunity? FMC
v. S.C. State Ports Authority, p. 269 (2002)