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5 Nov 2021, 11:39 am by Stephen E. Sachs
And if the Court isn't willing explicitly to limit its prior language in Ex parte Young, Hansberry v. [read post]
5 Nov 2021, 11:30 am by Stephen E. Sachs
" So there's no way for the Court to let the suit against clerks go ahead, unless it wants to abrogate this part of Ex parte Young.) [read post]
5 Nov 2021, 11:30 am by Stephen E. Sachs
" So there's no way for the Court to let the suit against clerks go ahead, unless it wants to abrogate this part of Ex parte Young.) [read post]
2 Nov 2021, 3:02 pm by Josh Blackman
Now, the Texas cases are poised to create new epicycles for sovereign immunity, Article III standing, Ex Parte Young, In Re Debs, or countless other doctrines. [read post]
2 Nov 2021, 11:49 am by Josh Blackman
She said that "some geniuses came up with a way to evade the commands" of Ex Parte Young. [read post]
2 Nov 2021, 9:07 am by Will Baude
If you instead focus on "seeming normal," then 2 or even 1 might be a better path -- we are all used to Ex Parte Young suits, so even if it is doctrinally chancier, expanding Ex Parte Young may seem less weird than allowing a sovereign suit. [read post]
2 Nov 2021, 5:03 am by Stephen E. Sachs
But although this argument doesn't need to invoke Ex parte Young, it faces the same kinds of problems. [read post]
1 Nov 2021, 2:00 pm by Michael C. Dorf
Thus, the remedy that was recognized in Ex Parte Young is available in federal court.Put differently, I think Mr. [read post]
1 Nov 2021, 1:40 pm by Amy Howe
Marc Hearron, who argued on behalf of the providers, told the justices that the county clerks who would docket the lawsuits against the providers would be the “most straightforward” defendants, because they are not covered by the court’s ruling in Ex parte Young. [read post]
31 Oct 2021, 11:17 am by Josh Blackman
" The authors derived this principle from Debs, as well as from Ex Parte Young. [read post]
31 Oct 2021, 6:59 am by Jonathan H. Adler
Finally, if this Court views any of its precedents as a barrier to suit here, the solution is simple: expand the court-created work-around in Ex parte Young or just overrule Hans v. [read post]
29 Oct 2021, 6:00 am by Guest Blogger
In recognizing the right of constitutional rights-holders to sue responsible executive officers for injunctive relief, Ex parte Young disclaimed any federal court authority to enjoin state judges to stop enforcement of state law. [read post]
26 Oct 2021, 9:01 pm by Michael C. Dorf
In 1908, Justice Peckham wrote for the Court in Ex Parte Young: “It would not be wonderful if, under such circumstances, there would not be a crowd of agents offering to disobey the law. [read post]
26 Oct 2021, 9:01 pm by Michael C. Dorf
In 1908, Justice Peckham wrote for the Court in Ex Parte Young: “It would not be wonderful if, under such circumstances, there would not be a crowd of agents offering to disobey the law. [read post]
25 Oct 2021, 9:39 am by Mary Ziegler
Under Ex parte Young, plaintiffs can seek injunctions against government officials charged with enforcing potentially unconstitutional laws. [read post]
8 Oct 2021, 2:00 pm by Josh Blackman
Third, a federal court cannot enjoin a state court "from proceeding in [its] own way to exercise jurisdiction," Ex parte Young, 209 U.S. 123, 163 (1908), let alone enjoin all of a State's courts from doing so. [read post]
24 Sep 2021, 8:43 am by Arturo Jara
Since appearing in people’s lives, TV has become a major part of our society. [read post]
23 Sep 2021, 1:09 pm by Sasha Volokh
City of Richmond, 226 U.S. 137, 143–44 (1912); see also Washington ex rel. [read post]