In Pense v. Maryland Department of Public Safety, the Fourth Circuit in an opinion by Judge King joined by Judges Motz and Wynn held that the District Court's ruling that the State of Maryland had waived its Eleventh Amendment protection from being subject to suit in federal court under Maryland's Fair Employment Practice Act was immediately appealable and also wrong.
I was thinking about this kind of issue recently in connection with "local" school boards in Virginia, and why are they not protected by the Eleventh Amendment as in some other states.
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