Conservative SCOTUS majority overturns 40-year-old precedent in sovereign immunity case

Make sure to let us know what you think... we now have comments turned ON below the article!

With the makeup of the Supreme Court now leaning toward the right with a 5-4 conservative majority, it was predicted that the court would be more likely to issue rulings that are in line with the plain text of the U.S. Constitution.

That appears to be true with regard to the court’s recent 5-4 ruling in the case of Franchise Tax Board of California v. Hyatt, which overturned a prior decision from 40 years ago that the current court held was inconsistent with the principle of states’ sovereign immunity.

Overturning precedent

The high court ruled on Monday that a state could not be sued by a private party in a different state unless it had first consented to be sued.

That decision reversed a 1979 Supreme Court ruling in the case of Nevada v. Hall, which declared that the Constitution offered no protection to individual states from private lawsuits originating in other states.

Justice Clarence Thomas wrote the majority opinion in the 5-4 decision. The four liberal justices were led in their dissenting opinion by Justice Stephen Breyer.

The liberal justices felt that prior court precedent should have been left alone and criticized the conservatives for overturning of a past ruling by a slim 5-4 majority, revealing their deeper concern that other longstanding precedents could be overturned in the future by a similarly narrow margin.

Thomas’ majority opinion

In the majority opinion, Thomas wrote that the 1979 ruling “misreads the historical record and misapprehends the ‘implicit ordering of relationships within the federal system necessary to make the Constitution a workable governing charter and to give each provision within that document the full effect intended by the Framers.'”

With regard to the precedent set in that case, Thomas wrote that it was “irreconcilable with our constitutional structure and with the historical evidence” which showed that states did enjoy sovereign immunity from private lawsuits

Broader implications?

The case at the heart of the court’s decision involved a dispute between a microchip inventor named Gilbert Hyatt who lived in Nevada and sued the California Franchise Tax Board in 1992.

Hyatt’s suit demanded that the tax agency compensate him for damages resulting from an audit it conducted on suspicion that Hyatt had moved from California to Nevada in order to avoid paying the state’s personal income tax. Hyatt alleged that the board shared personal information about him with business associates and unconstitutionally invaded his privacy.

This was actually the third time this particular case found its way to the Supreme Court, but it will almost assuredly be the last.

Now that the court has overturned its own prior ruling and found that Hyatt had no right to sue California from a Nevada courtroom absent its consent, liberal activists are left worrying about which other precedents may be vulnerable under fresh review.

1,958 Responses

  1. It’s the best time to make a few plans for the future and it’s time to be happy. I have learn this post and if I may I desire to counsel you few attention-grabbing things or suggestions. Maybe you could write next articles regarding this article. I want to read more issues approximately it!

  2. Have you ever thought about including a little bit more than just your articles? I mean, what you say is important and everything. But think about if you added some great photos or video clips to give your posts more, “pop”! Your content is excellent but with images and video clips, this blog could certainly be one of the greatest in its field. Fantastic blog!

  3. Hey, I think your site might be having browser compatibility issues. When I look at your blog site in Firefox, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, very good blog!|

  4. With havin so much written content do you ever run into any issues of plagorism or copyright infringement? My blog has a lot of unique content I’ve either written myself or outsourced but it looks like a lot of it is popping it up all over the internet without my agreement. Do you know any ways to help reduce content from being stolen? I’d certainly appreciate it.

  5. Hey I know this is off topic but I was wondering if you knew of any widgets I could add to my blog that automatically tweet my newest twitter updates. I’ve been looking for a plug-in like this for quite some time and was hoping maybe you would have some experience with something like this. Please let me know if you run into anything. I truly enjoy reading your blog and I look forward to your new updates.|

  6. Thank you for every other excellent article. The place else may just anybody get that kind of information in such a perfect manner of writing? I have a presentation next week, and I am on the search for such info.|

  7. Hi there, just became alert to your blog through Google, and found that it is really informative. I am gonna watch out for brussels. I will be grateful if you continue this in future. A lot of people will be benefited from your writing. Cheers!

  8. An impressive share! I have just forwarded this onto a friend who has been doing a little homework on this. And he in fact ordered me breakfast simply because I found it for him… lol. So let me reword this…. Thank YOU for the meal!! But yeah, thanx for spending time to discuss this matter here on your web page.

  9. Youre so cool! I dont suppose Ive learn anything like this before. So good to search out somebody with some original thoughts on this subject. realy thanks for beginning this up. this website is one thing that is needed on the net, someone with a bit originality. helpful job for bringing something new to the internet!

  10. I’m impressed, I have to admit. Actually rarely must i encounter a blog that’s both educative and entertaining, and without a doubt, you’ve got hit the nail to the head. Your notion is outstanding; the issue is something which there are not enough individuals are speaking intelligently about. We are very happy that I came across this in my search for some thing regarding this.

  11. I’m very pleased to find this site. I need to to thank you for ones time due to this wonderful read!! I definitely loved every part of it and I have you saved as a favorite to look at new things on your website.

  12. Definitely believe that which you said. Your favorite reason appeared to be on the net the easiest thing to be aware of. I say to you, I certainly get irked while people consider worries that they plainly do not know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side effect , people could take a signal. Will likely be back to get more. Thanks|

  13. you are in point of fact a just right webmaster. The website loading speed is amazing. It sort of feels that you are doing any unique trick. In addition, The contents are masterwork. you’ve performed a magnificent job on this subject!|

  14. I must thank you for the efforts you’ve put in penning this website. I am hoping to view the same high-grade blog posts by you in the future as well. In truth, your creative writing abilities has motivated me to get my own, personal site now 😉

  15. I don’t even know how I finished up right here, but I believed this put up was good. I don’t realize who you might be however definitely you’re going to a well-known blogger if you are not already. Cheers!|

  16. hello there and thanks in your info – I have certainly picked up something new from right here. I did on the other hand experience a few technical points the use of this website, since I skilled to reload the site many instances previous to I could get it to load properly. I have been brooding about if your web host is OK? Now not that I’m complaining, however sluggish loading circumstances instances will often have an effect on your placement in google and can damage your quality score if ads and ***********|advertising|advertising|advertising and *********** with Adwords. Well I am adding this RSS to my email and can look out for much more of your respective intriguing content. Make sure you update this once more soon..

  17. Go to Pure CBD Selection for the best pure cbd oil. You can buy pure cbd oil that is full spectrum or broad spectrum. Make sure to sign up for there newsletter to receive a free coupon code.

  18. I just like the valuable information you supply for your articles. I’ll bookmark your weblog and take a look at again right here regularly. I am fairly certain I will be informed many new stuff right here! Good luck for the next!

  19. I’d like to thank you for the efforts you have put in writing this blog. I really hope to check out the same high-grade blog posts by you in the future as well. In fact, your creative writing abilities has encouraged me to get my own site now 😉

  20. Just wish to say your article is as amazing. The clarity in your post is simply nice and i can suppose you’re a professional on this subject. Fine with your permission let me to take hold of your RSS feed to stay up to date with coming near near post. Thank you 1,000,000 and please carry on the rewarding work.|

Leave a Reply

Your email address will not be published. Required fields are marked *

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Popular