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The Eleventh Amendment And Stare Decisis: Overruling Hans V. Louisiana, Suzanna Sherry

Vanderbilt Law School Faculty Publications

There is currently a dispute raging about the meaning of the Eleventh Amendment, which protects states from suits in federal court. The language of that amendment appears to deny federal jurisdiction only over suits brought against states by citizens of another state, but the Court, since its 1890 decision in Hans v Louisiana, has interpreted the amendment to bar all federal suits against states, including those brought by a state's own citizens. Thus, under current doctrine, the Eleventh Amendment bars all suits brought against a state in federal court, regardless of the citizenship of the plaintiff or the basis for …