The States' Immunity From Suit in Federal and State Court

TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 45: The States' Immunity From Suit in Federal and State Court examines the scope and recent interpretations of the Eleventh Amendment to the United States Constitution. That amendment restricts the judicial power of the United States over States. As the Congress enacts legislation applicable to States, States are increasingly questioning the courts' authority to enforce requirements arising from these laws.

The goal of this report is to assist transportation officials by providing information that enables better understanding of the States' immunity from suit. The report should be useful to attorneys, transportation administrators, legislators, planners, and policy officials. The paper is organized as follows:
(I) Introduction;
(II) Scope of the Eleventh Amendment and Description of the States' Immunity from Suit;
(III) Immunity Bars All Claims Against a State Except When Immunity Has Been Validly Lifted by Congress or the State Has Consented to Suit;
(IV) "Ex Parte Young" and Other Limitations; and
(V) Conclusion.