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Dellmuth Vs. Muth
Cites for this judgment
- US Supreme Court
- Jun 15, 1989
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U.S. 223 (1989) U.S. Supreme Court Dellmuth v. MuthSearch
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U.S. 223 (1989) Dellmuth v. MuthSearch
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Atascadero State Hospital v. ScanlonSearch
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School Committee of Burlington v. DepartmentSearch
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the school district and the Commonwealth. The United States Court of Appeals for the Third Circuit affirmed. Muth v. CentralSearch
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Id. at 128. To resolve a conflict among the Circuits, we granted certiorari sub nom. Gilhool v. MuthSearch
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the question whether the EHA abrogates the States' sovereign immunity under the Eleventh Amendment. Compare David D. v. DartmouthSearch
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School Committee, 775 F.2d 411 (CA1 1985) (finding abrogation), with Gary A. v. NewSearch
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Trier High School Dist. No. 203, 796 F.2d 940 (CA7 1986), Doe v. MaherSearch
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F.2d 1470 (CA9 1986), and Miener v. MissouriSearch
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may abrogate the States' Eleventh Amendment immunity. Fitzpatrick v. BitzerSearch
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Pennhurst State School and Hospital v. HaldermanSearch
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U. S. 89 , 465 U. S. 100 (1984), quoting Hutto v. FinneySearch
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and imperfect confidence will not suffice given the special constitutional concerns in this area. Cf. Johnson v. RobisonSearch
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Atascadero State Hospital v. ScanlonSearch
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also offers us another avenue to affirm the result below, which is to overrule the longstanding holding of Hans v. LouisianaSearch
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et seq. (1982 ed. and Supp.V). For reasons I have set out elsewhere, see Welch v. TexasSearch
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U. S. 258 -302 (1985) (BRENNAN, J., dissenting), I would accept respondent Muth's invitation to overrule Hans v. LouisianaSearch
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Muth v. CentralSearch
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See Smith v. RobinsonSearch
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Board of Education of Hendrick Hudson Central School Dist. v. RowleySearch
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citation omitted). See also Smith v. RobinsonSearch
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of relief sought, and hence plainly contemplates tuition reimbursement actions. See School Committee of Burlington v. DepartmentSearch
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remedy is sought, and that Congress thereby abrogated Eleventh Amendment immunity from suit in federal court. David D. v. DartmouthSearch
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when state amenability to suit is the logical inference from the language and structure of the text. Cf. Edelman v. JordanSearch
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quoting Murray v. WilsonSearch
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statement of congressional intent, Rice v. SantaSearch
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lead the Court to consider both the logical inferences to be drawn from the text and structure of the EHA, cf. Edelman v. JordanSearch
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supra, at 415 U. S. 673 , and the statute's legislative history, see Employees v. MissouriSearch
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was enacted in its present form in 1975, Edelman v. JordanSearch
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U. S. 651 (1974), and Employees v. MissouriSearch
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text and structure in determining whether Congress intended to abrogate Eleventh Amendment immunity. Indeed, in Quern v. JordanSearch
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the Court evidently remained of the view that legislative history might be taken into account. Cf. Hutto v. FinneySearch
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U. S. 678 , 437 U. S. 693 -694 (1978). And later still, in Pennhurst State School and Hospital v. HaldermanSearch
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for in Will v. MichiganSearch
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ongressional intent was ignored by the U.S. Supreme Court when . . . it handed down its decision in Smith v. RobinsonSearch
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e)(2). See also School Committee of Burlington v. DepartmentSearch
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BRENNAN convincingly demonstrates, this statute passes even the stringent test set forth in Atascadero State Hospital v. ScanlonSearch
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Pennsylvania v. UnionSearch
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U.S. Supreme Court Dellmuth v. MuthSearch
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Gilhool v. MuthSearch
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the Eleventh Amendment. Compare David D. v. DartmouthSearch
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Gary A. v. NewSearch
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Doe v. MaherSearch
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and Miener v. MissouriSearch
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