Also known as: abrogate Eleventh Amendment immunity · abrogating Eleventh Amendment immunity · abrogated Eleventh Amendment immunity · Eleventh Amendment abrogation · 11th Amendment immunity abrogation
Written by attorneys · grounded in primary & secondary sources — see below
A legislative override of state sovereign immunity from private suits in federal court. Valid abrogation requires Congress to act pursuant to its enforcement power under Section 5 of the Fourteenth Amendment rather than any Article I power.
Anita Ali, owner of a multistate insurance firm, sued the State of Redland Insurance Commission in federal court under a federal statute enacted solely under the commerce power that authorized damages against state regulators blocking approved plans. The commission moved to dismiss on Eleventh Amendment grounds. The court granted the motion because the statute supplied no Fourteenth Amendment enforcement basis for overriding state immunity.
Aaron Adams, a depositor in a state-run prepaid tuition program, sued the Florida Prepaid Postsecondary Education Expense Board in federal court for alleged misrepresentations under a federal statute. The board asserted Eleventh Amendment immunity. The court dismissed the damages claim because Congress had not validly abrogated immunity through any proper constitutional source.
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Azure Solutions, a waste management company, sued the Commonwealth of Pennsylvania in federal court under a federal environmental statute for cleanup costs at a state-owned site. Pennsylvania moved to dismiss asserting sovereign immunity. The court granted the motion because the statute rested on Article I authority insufficient to abrogate Eleventh Amendment protection.
Adrian Aguilar, a university professor, sued the Florida Board of Regents in federal court under the Age Discrimination in Employment Act seeking damages for forced retirement. The board moved to dismiss on Eleventh Amendment grounds. The court granted the motion because the statute lacked a valid Fourteenth Amendment basis for abrogation.
Anthony Arnold, a wheelchair user, sued the State of Tennessee in federal court under Title II of the Americans with Disabilities Act after being denied access to a courthouse. Tennessee moved to dismiss asserting Eleventh Amendment immunity. The court denied the motion because the statute validly abrogated immunity as applied to the fundamental right of court access under the Fourteenth Amendment.
Congress must clearly express its intent to subject states to suit and must act pursuant to a constitutional provision that authorizes abrogation. Only the enforcement power of Section 5 of the Fourteenth Amendment supplies that authority. Article I powers such as the commerce power are insufficient.
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No. A clear statement is necessary but not sufficient. Congress must also rely on a valid source of power, which means Section 5 of the Fourteenth Amendment. Statutes resting solely on Article I authority cannot override Eleventh Amendment immunity even when they expressly authorize private damages actions.
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No. The Supreme Court has held that Congress's Article I powers, including the commerce power and the power to regulate commerce with Indian tribes, do not authorize abrogation of Eleventh Amendment immunity. Any valid abrogation must rest on the Fourteenth Amendment enforcement power instead.
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…provision simply does not reveal Congress' attention to the augmented liability and diminished sovereignty concomitant to an abrogation of Eleventh Amendment immunity. "Congress, acting responsibly, would not be presumed to take such action silently." Employees, supra , at 284-285. II Perhaps recognizing the obstacle posed by Employees , private…