Thursday, May 06, 2004
nick morgan at de novo:
What I find discomfiting about all this is that the Rhenquist Court has launched an incredibly broad campaign for states rights on various fronts (not just the 11th Am), and the work is in progress. A seemingly endless series of cases has continually made 1983 suits harder and harder (check out qualified immunity and how it's changed in the last two decades), reduced Ex Parte Young (injunctive relief against states), made it nearly impossible to stop an unconstitutional state prosecution, expanded deference to states in habeas corpus petititions, and lots of other stuff. As of now, although one can't sue The State itself, it's unclear whether this is a mere captioning rule for pleadings, or whether the Court will continue to make it very hard to sue state officers who violate constitutional rights
What I find discomfiting about all this is that the Rhenquist Court has launched an incredibly broad campaign for states rights on various fronts (not just the 11th Am), and the work is in progress. A seemingly endless series of cases has continually made 1983 suits harder and harder (check out qualified immunity and how it's changed in the last two decades), reduced Ex Parte Young (injunctive relief against states), made it nearly impossible to stop an unconstitutional state prosecution, expanded deference to states in habeas corpus petititions, and lots of other stuff. As of now, although one can't sue The State itself, it's unclear whether this is a mere captioning rule for pleadings, or whether the Court will continue to make it very hard to sue state officers who violate constitutional rights
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