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Dysfunction Junction: Should The Courts Rethink The Functional Approach To Legislative Immunity For State Officials?, Matthew D. Savin

Seventh Circuit Review

A state legislative immunity doctrine that affords greater protection from civil liability than the federal common law doctrine clearly interferes with federal law. At first glance, a state's decision to afford less protection than offered under federal law might not appear to interfere with the federal interest in administering federal law, but Supreme Court precedent and public policy considerations still prohibit the abrogation of federal legislative immunity as it pertains to state officials.

The potential conflict between state and federal legislative immunity was addressed in Empress Casino Corp. v. Blagojevich, where the Seventh Circuit discussed whether former Gov. Rod …