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.The Eleventh Amendment deals with each state's immunity from being sued in federal court by someone of another state or country.
Battle between state agencies lands in Supreme Court
By Maria Longley/staff on December 8th, 2010
A Virginia watchdog agency charged with protecting the rights of people with disabilities in state-run institutions went before the U.S. Supreme Court last week in its fight to sue the state for access to records. In 2007, the Virginia Office for Protection and Advocacy began investigating the death of one person and serious injuries sustained by another person at Central Virginia Training Center near Lynchburg. The agency was also investigating the death of a person at Central State Hospital in Petersburg. The Department of Behavioral Health and Developmental Services would not provide specific records requested by VOPA, an independent state agency that receives federal funds. VOPA sued officials with the department in federal court, alleging the state's refusal to allow access to the records violates federal law. Lawyers for Virginia claimed immunity from being sued under the 11th Amendment, arguing that VOPA, as a state agency, can't sue another state agency in federal court. The district court sided with VOPA and denied state officials' motion to dismiss the suit, but the 4th Circuit Court of Appeals reversed the lower court's ruling. If the Supreme Court finds for VOPA, the case will return to district court where the main part of VOPA's suit — to get records from the state — will be considered. "One of our most serious responsibilities is to investigate abuse in state operated facilities," said Colleen Miller, VOPA executive director. "At the moment, we're limited (primarily) because of denial of access. If agencies can refuse us access, the implications of protecting people from harm is pretty huge." If the Supreme Court finds for Virginia, "that's one of the scenarios where we'll have different strategic decisions to make," she said.
I don’t think that the Lawyers for Virginia have constitutional backing under the 11th amendment In the sense that the 11th amendment is exclusive to different states being able to sue each other. So, if the Lawyers for Virginia were claiming immunity because VOPA was a state agency of a “different state” then I think that VOPA would have no grounds to sue.
Bolton couldn’t have put this in a better way – Forging nations cant use the American legal system to sue itself. In addition, MrCrimeandLaw on youtube also makes this fairly clear
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http://www.youtube.com/watch?v=Kc9TCUzNriU
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