Monday, October 26, 2009
11th Amendment - Exception
Congress has the power under the Fourteenth Amendment to the U.S. Constitution to abrogate the immunity of the state if it has made that intention unmistakably clear in the language of the statute at issue and other acts, said the court. It acknowledged that the U.S. Supreme Court had held in Nevada Department of Human Resources v. Hibbs, 538 U.S. 721 (2003)],
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It's Important to hold a state accoutable when it does something wrong. In that spirit members of a disenfrachised group should have the right to file suit against a state government even if they do not belong to that state, because the state's laws effect the group as a whole not as a part.
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