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Fitzpatrick Vs. Bitzer

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  • US Supreme Court
  • Jun 28, 1976

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37 entries 4 linked 33 unlinked
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  1. Mitchum Vs. Foster US Supreme Court · Jun 19, 1972
  2. Katzenbach Vs. Morgan US Supreme Court · Jun 13, 1966
  3. Monroe Vs. Pape US Supreme Court · Feb 20, 1961
    Relied / Followed
  4. South Carolina Vs. Katzenbach US Supreme Court · Mar 07, 1966
  5. U.S. 445 (1976) U.S. Supreme Court Fitzpatrick v. Bitzer
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  6. U.S. 445 (1976) Fitzpatrick v. Bitzer
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  7. from the State's treasury, and were thus precluded by the Eleventh Amendment and by this Court's decision in Edelman v. Jordan
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  8. cases is whether, as against the shield of sovereign immunity afforded the State by the Eleventh Amendment, Edelman v. Jordan
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  9. the State's treasury, and were therefore precluded by the Eleventh Amendment and by this Court's decision in Edelman v. Jordan
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  10. to be indistinguishable from a monetary award against the State itself which had been prohibited in Ford Motor Co. v. Department
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  11. the plaintiffs in that case could not avail themselves of the doctrine of waiver expounded in cases such as Parden v. Terminal
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  12. R. Co., 377 U. S. 184 (1964), and Employees v. Missouri
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  13. had been held in Monroe v. Pape
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  14. the federal-state balance has been carried forward by more recent decisions of this Court. See, e.g., South Carolina v. Katzenbach
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  15. But we think that the Eleventh Amendment, and the principle of state sovereignty which it embodies, see Hans v. Louisiana
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  16. See Edelman v. Jordan
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  17. Ford Motor Co. v. Department
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  18. Together with No. 75-283, Bitzer, Chairman, State Employees' Retirement Commission, et al. v. Matthews
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  19. S.Rep. No. 92-415, pp. 111 (1971). Cf. National League of Cities v. Usery
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  20. VII. In my view, Connecticut may not assert sovereign immunity for the reason I expressed in dissent in Employees v. Missouri
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  21. Parden v. Terminal
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  22. of the Fourteenth Amendment, two of the enumerated powers granted Congress in the Constitution. Cf. Oregon v. Mitchell
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  23. Employees v. Missouri
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  24. Katzenbach v. Morgan
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  25. I must recognize that it has been so construed in Edelman v. Jordan
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  26. Eleventh Amendment were applicable, I would place fee in the same category as other litigation costs. Cf. Fairmont Co. v. Minnesota
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  27. Justice Marshall has pointed out, the Eleventh Amendment is not literally applicable to this situation. See Cohens v. Virginia
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  28. Employees v. Missouri
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  29. U.S. Supreme Court Fitzpatrick v. Bitzer
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  30. the Eleventh Amendment, Edelman v. Jordan
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  31. and Employees v. Missouri
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  32. Hans v. Louisiana
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  33. Cf. National League of Cities v. Usery
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  34. the Constitution. Cf. Oregon v. Mitchell
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  35. Cf. Fairmont Co. v. Minnesota
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  36. See Cohens v. Virginia
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  37. Edelman v. Jordan
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