Monday, May 09, 2011

Virginia v. Virginia

In Virginia Office for Protection and Advocacy v. Stewart, the Supreme Court held that a Virginia state agency could sue Virginia officials in federal court.

Chief Justice Roberts dissented, because he thought there was something wrong with the idea that the Commonwealth can sue itself in federal court, despite the Eleventh Amendment and sovereign immunity. For one thing, the Chief Justice noted:

"Whatever the decision in the litigation, one thing is clear: The Commonwealth will win. And the Commonwealth will lose. Because of today’s holding, a federal judge will resolve which part of the Common-wealth will prevail."

1 comment:

Virginia Car Insurance said...

It seems as if this opens up the possibility of a lot of very expensive and unnecessary lawsuits that cost the taxpayers dearly.

I guess the decision isn't final.