5 Court Cases

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Title: 5 Court Cases
 
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Subject: Miscellaneous
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Date: July 14, 2008
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Length: 7 / 1811
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Subsequently, petitioners filed the same action in state court. Although the FLSA purports to authorize private actions against States in their own courts, the trial court dismissed the suit on the ground of sovereign immunity. III. The Issue Does the federal government have authority under Article I to abrogate a State's immunity in it's own court? IV...
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The Issue Does the federal government have authority under Article I to abrogate a State's immunity in it's own court? IV. Holding and Vote Yes. (vote 5-4) (Opinion by Justice Kennedy) V. Reasoning The Constitution's structure and history and this Court's authoritative interpretations make clear that the States' immunity from suit is a fundamental aspect of the sovereignty they enjoyed before the Constitution's ratification and retain today except as altered by the plan of the Convention or certain constitutional Amendments...
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