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Sovereign Immunity: Supreme Court Near Decision

By Jeff J. Friedman

In Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996), the Supreme Court, in a 5-4 decision, held that no private action could be brought by the Seminole Indian tribe against the state of Florida for violation of the Indian Gaming Regulatory Act because Congress did not have the authority under Article I of the Constitution to abrogate state sovereign immunity under the Eleventh Amendment of the Constitution. The Eleventh Amendment provides that:

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

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