Court expands state sovereign immunity--again.

Trial | May 1, 2001| | Copyright

Without a doubt, one of the most dramatic changes in constitutional law in recent years has been the Supreme Court's substantial expansion of state sovereign immunity. The Court's recent ruling in Board of Trustees v. Garrett held that state governments may not be sued for employment discrimination in violation of Title I of the Americans with Disabilities Act (ADA).(1)

This is the latest in a series of decisions in which the Court has invoked the Eleventh Amendment, which prohibits bringing lawsuits against the states in federal court. In 1999, the Court ruled that ...

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