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To: CodeToad
This is BS. How can the States have more rights than the people?

I haven't read the decision yet, but I assume it relies on the 11th Amendment, which says that states cannot be sued in federal court.

9 posted on 03/22/2012 9:44:10 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

“I haven’t read the decision yet, but I assume it relies on the 11th Amendment, which says that states cannot be sued in federal court.”

No, it doesn’t. That’s what it’s been interpreted to mean, though it actually says that citizens of one state can’t sue another state. SCOTUS has unaccountably extended that to mean citizens can’t sue their own states. Or at least not in some cases. Just like with Obamacare, there are all sorts of exceptions. For instance, you can sue states in federal court for violating your civil rights. Especially if you are a member of a protected race/sex/orientation group.


11 posted on 03/22/2012 10:25:34 AM PDT by Tublecane
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