Judges and Judiciary
Feb. 24, 2006
Roberts Court Nips a Little at Sovereign Immunity
Forum Column - By Erwin Chemerinsky - One of the most dramatic changes in constitutional law during the Rehnquist court was the substantial expansion in sovereign immunity. The court significantly limited the ability of Congress to authorize suits against state governments. See, e.g., Seminole Tribe of Florida v. Florida , 517 U.S. 44 (1996). The court also increased the scope of sovereign immunity, such as by holding that state governments cannot be sued in state courts, even to enforce federal
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
By Erwin Chemerinsky
One of the most dramatic changes in constitutional law during the Rehnquist court was the substantial expansion in sovereign immunity. The court significantly limited the ability of Congress to authorize suits against state governments. See, ...
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