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Quern Vs. Jordan

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  • US Supreme Court
  • Mar 05, 1979

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65 entries 6 linked 59 unlinked
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  1. Great Northern Life Ins. Co. Vs. Read US Supreme Court · Apr 24, 1944
  2. Scheuer Vs. Rhodes US Supreme Court · Apr 17, 1974
  3. Fitzpatrick Vs. Bitzer US Supreme Court · Jun 28, 1976
  4. Worcester County Trust Co. Vs. Riley US Supreme Court · Dec 06, 1937
  5. Hutto Vs. Finney US Supreme Court · Jun 23, 1978
  6. Monroe Vs. Pape US Supreme Court · Feb 20, 1961
  7. U.S. 332 (1979) U.S. Supreme Court Quern v. Jordan
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  8. U.S. 332 (1979) Quern v. Jordan
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  9. Certiorari to the United States Court of Appeals for the Seventh Circuit Syllabus in Edelman V. Jordan
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  10. Neither Monell v. New
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  11. or shows that Congress considered and firmly decided to abrogate the Eleventh Amendment immunity of the States. Hutto v. Finney
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  12. U. S. 366 . MR. JUSTICE REHNQUIST delivered the opinion of the Court. This case is a sequel to Edelman v. Jordan
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  13. Court of Appeals for the Seventh Circuit in this case and that of the Court of Appeals for the Third Circuit in Fanty v. Commonwealth
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  14. Jordan v. Trainor
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  15. to satisfy the claims of plaintiff class members without the consent of the State by its appropriate officials. Jordan v. Trainor
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  16. Kennecott Copper Corp. v. State
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  17. Ford Motor Co. v. Department
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  18. Milliken v. Bradley
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  19. respondent suggests that our decision in Edelman has been eviscerated by later decisions such as Monell v. New
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  20. York City Dept. of Social Services, 436 U. S. 658 (1978). Brief for Respondent 55 n. 37. See also Aldridge v. Turlington
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  21. Skehan v. Board
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  22. and may not include a retroactive award which requires the payment of funds from the state treasury, Ford Motor Co. v. Department
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  23. subsequent to Edelman and to Monell have cast no doubt on our holding in Edelman. See Alabama v. Pugh
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  24. Page 440 U. S. 339 Hutto v. Finney
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  25. While the separate opinions in Hutto v. Finney
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  26. of Edelman after our decision in Monell, any doubt on that score was largely dispelled by Alabama v. Pugh
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  27. of Corrections is barred by the Eleventh Amendment, unless Alabama has consented to the filing of such a suit. Edelman v. Jordan
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  28. U.S. at 436 U. S. 690 n. 54, and with Fitzpatrick v. Bitzer
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  29. Rights Act of 1964 applicable to state and local governments. 427 U.S. at 427 U. S. 452 , quoting Edelman v. Jordan
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  30. MR. JUSTICE BRENNAN's opinion amply demonstrate this point. Post at 440 U. S. 359 -365. See also Monroe v. Pape
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  31. In Tenney v. Brandhove
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  32. purpose to abrogate Eleventh Amendment immunity than our Brother BRENNAN is able to marshal. In Employees v. Missouri
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  33. In Fitzpatrick v. Bitzer
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  34. H.R.Conf.Rep. No. 9899, pp. 17-18 (1972). Finally, in Hutto v. Finney
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  35. Employees v. Missouri
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  36. Court, is more properly viewed as ancillary to the prospective relief already ordered by the court. See Milliken v. Bradley
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  37. The history of this case is set forth in greater detail in Edelman v. Jordan
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  38. benefits in reimbursement of amounts granted under state welfare laws violated this Court's decision in Philpott v. Essex
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  39. The District Court agreed, and while it denied retroactive relief against the State on the basis of Edelman v. Jordan
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  40. notice of the complaint, the original lower court judgment, this Court's decision or its effect on them. See Eisen v. Carlisle
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  41. In reaching its decision, the Seventh Circuit relied in part on our summary affirmance of Grubb v. Sterrett
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  42. the list of summary affirmances overruled in Edelman was not necessarily intended to be exhaustive. See Jordan v. Trainor
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  43. had been held in Monroe v. Pape
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  44. on the Eleventh Amendment immunity, without adverting in terms to the treatment of the legislative history in Monroe v. Pape
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  45. U.S. at 437 U. S. 708 -709, n. 6. In fact, Monroe v. Pape
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  46. In Hutto v. Finney
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  47. U.S. Supreme Court Quern v. Jordan
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  48. of the States. Hutto v. Finney
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  49. Fanty v. Commonwealth
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  50. Kennecott Copper Corp. v. State
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