The States' Immunity From Suit in Federal and State Court

State highway departments and transportation agencies have a continuing need to keep abreast of operating practices and legal elements of specific problems in highway law. This report, prepared by Andrew H. Baida, is a new paper, which continues the National Cooperative Highway Research Program's (NCHRP's) policy of keeping departments up-to-date on laws that will affect their operations. This paper will be incorporated in " Selected Studies in Highway Law" (SSHL), which is currently undergoing a major rewrite and update. This paper 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.