Feed on

Up for argument tomorrow is an important Eleventh Amendment case. Here is the Scotusblog page for the case: Virginia Office for Protection and Advocacy v. Stewart : SCOTUSblog.

The issue is whether an independent state agency can sue state officials in federal court for violations of federal law. The Fourth Circuit held that it could not, that Ex Parte Young was not a vehicle that the agency could use to bring suit against officials of the same state.

I’m sympathetic to the desire of the federal court to avoid getting involved in an intrastate dispute like this one, but 11th amendment immunity does not seem a good fit here. Why should the 11th amendment apply when a state is a plaintiff?

In the interests of full disclosure, I signed on to one of the amicus briefs in this case, so I have rather strong feelings on the subject.

Comments are closed.