Generally, states are sovereign and cannot be sued in federal court without their consent. There are several exceptions to this rule, however.
The Supreme Court may hear a case against a state appealed from the state court system.
Federal courts can hear cases against a state brought by the federal government or by another state.
Federal courts can hear cases against a state where the relief requested is prospective (such as an injunction), rather than retrospective (such as damages), and where the relief ostensibly runs against a state official rather than the state itself.
Congress can abrogate a state’s sovereign immunity when legislating pursuant to its power to enforce the Fourteenth Amendment.
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Books and Treatises: Constitutional Law Subjects
Supreme Court Practice
Supreme Court Practice provides comprehensive guidance on all aspects of prosecuting or defending cases before the Supreme Court.
The Sovereign Immunity Defense
A comprehensive treatise explaining when civil action can be brought against states
Advertising & Commercial Speech: A First Amendment Guide
Provides a basic overview of first amendment protections in the United States
Rights for Visual Artists
Provides a basic overview of first amendment protections for visual artists
Federal Rules for the Supreme Court
Rules governing the procedures for cases heard before the United States Supreme Court.
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