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Supreme Court holds state sovereign immunity recognized by Constitution, overturning precedent

May 14, 2019

Via: Jurist

The US Supreme Court held for individual state sovereign immunity on Monday in Franchise Tax Board of California v. Hyatt, overturning precedent that currently allows one state to be sued in the courts of another.

The case of Nevada v. Hall formerly set the relevant precedent in 1979, holding that a sovereign state can be sued in another state’s courts without its consent. The court wrote Monday that the Hall court misinterpreted the framers’ intention that states should retain their immunity from lawsuit at the founding of the Constitution.

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