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by unperson123 4705 days ago
In Alden vs Maine, this is argued pretty well in the majority opinion written by Anthony Kennedy.

"sometimes referred to the States’ immunity from suit as "Eleventh Amendment immunity[,]" [that] phrase is [a] convenient shorthand but something of a misnomer, [because] the sovereign immunity of the States neither derives from nor is limited by the terms of the Eleventh Amendment. Rather, as the Constitution's structure, and its history, and the authoritative interpretations by this Court make clear, the States’ immunity from suit is a fundamental aspect of the sovereignty which the States enjoyed before the ratification of the Constitution, and which they retain today (either literally or by virtue of their admission into the Union upon an equal footing with the other States) except as altered by the plan of the Convention or certain constitutional Amendments."
1 comments
HarryHirsch 4705 days ago
It's not convincing at all. That opinion states that the States enjoy immunity because it had been a long-standing practice going back to before they joined the union. It's a long-standing practice of many civilized nations that the nation itself does not enjoy immunity from prosecution. If what Judge Kennedy wrote (Alden vs Maine happened in 1999!) isn't a no-argument I wouldn't know what is.

Also this: the State of Pennsylvania has committed grave injustice against thousands of its citizens. If they cannot get justice done through the courts what are they supposed to do instead? Take recourse to Direct Action? That's not desirable in civilized society. You can't be your own judge and executioner.

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gohrt 4705 days ago
> You can't be your own judge and executioner.

This is what government IS! Executive, Legislative, and Judiciary.

States have some subservience to the Federal government, as well.

The question really is "should the judiciary have power over the executive in this case, or should the executive or legistlature decide what compensation is appropriate." It's still "government" either way.

And let us remember which branch of government was the original villain in this case!

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true_religion 4705 days ago
> It's a long-standing practice of many civilized nations that the nation itself does not enjoy immunity from prosecution.

Can you name any of these countries so we can do a fact-check?

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