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Ex Parte Young By States' Liberty Party Decided by the United States Supreme Court in 1908, Ex Parte Young largely gutted the 11th Amendment to the Constitution, allowing citizens of other states to sue a state in federal court without first exhausting the resources of the offending state. The 11th Amendment was added by the states to protect their sovereignty from the federal courts. It required that citizens of other states desiring to sue another state to sue that state in it's own courts and exhaust those resources before taking the matter to federal court. Ex Parte Young allowed a state official, but not the state, to be sued by a citizen of another state when that official was acting outside that laws of the state, effectively negating the 11th Amendment. The Court decision was clearly flawed. A state official that presumably oversteps his own authority continues to act in an official capacity and the state is responsible for his actions until the state penalizes him by firing, suspending, or impeaching him. Ex Parte Young should be overturned.
Ex Parte Young: a Case for Repeal, by Stefan PrivinTo this day the federal courts, on a regular basis, tell the States (through their officials) to do this or that, while at the same time claiming the lawsuit is not being brought against any State. This is double talk worthy of a politician. I'm suing a member of a State government, but because I didn't mention a State by name I'm not officially suing a State and so the 11th Amendment doesn't apply. This would be like me punching you in the nose and saying that I didn't hit you because I didn't hit your entire body.
Ex Parte Young, Full TextFindlaw's United States Supreme Court decision |
