Thursday, May 23, 2019

Franchise Tax Board v. Hyatt/Stare Decisis/ and Reliancevia/VikramDavidAmar

What emFranchise Tax Board v. Hyatt/em Adds to the Discussion of emStare Decisis/em and Reliance

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Last week’s 5-4 ruling by the Supreme Court in Franchise Tax Board v. Hyatt—a closely watched case that extended so-called state sovereign immunity to protect states from being sued in the courts of other states—was noteworthy not only for its discussion of sovereign immunity (which is helpfully analyzed by my Verdict colleague Mike Dorf’s column on the decision), but also for its back-and-forth on the question of horizontal stare decisis, the notion that prior Court rulings are entitled to respect in the Court today.
To be sure, the majority opinion (authored by Justice Thomas and joined by the Chief Justice and Justices Alito, Gorsuch, and Kavanaugh) diverges from Justice Breyer’s dissent (in which Justices Ginsburg, Sotomayor, and Kagan joined) on the first principles of state sovereign immunity; the two camps interpret the constitutional text (or absence thereof), founding history and structural precepts quite differently. But the two opinions also express seemingly sharp disagreement on stare decisis. In order to reach its result, the majority had to overrule Nevada v. Hall, a 1979 ruling in which the Court had flatly rejected the notion that states enjoy constitutional immunity from suits in the courts of other states. Justice 

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                RULING CASES,NOTICES,FORE
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