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You are here News Domestic (USA) Conservative Supreme Court reverses earlier decision on sovereign immunity

Conservative Supreme Court reverses earlier decision on sovereign immunity

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Clarence Thomas'writes majority ruling on states' sovereigntyThe Supreme Court ruled Monday that a state can maintain its sovereign immunity from lawsuits in other states, reversing a prior decision from the high court.

In a 5-4 decision authored by Justice Clarence Thomas, the court’s conservative justices found that a state cannot be sued by a private party in another state court system without that state's consent. The ruling overturns a previous 1979 decision that found the Constitution does not shield the states from private lawsuits in other states.

Thomas wrote that the previous ruling "misreads the historical record and misapprehends the 'implicit ordering of relationships within the federal system necessary to make the Constitution a workable governing charter and to give each provision within that document the full effect intended by the Framers.'"

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