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Does Sovereign Immunity
Bar Private Suits Against States Before Federal Agencies?
Yes The Ports Authority of South Carolina does not allow ships to dock when their primary purpose is gambling.� Maritime Services, owners of the "Tropic Sea," were miffed when denied a space, so they filed a claim with the Federal Maritime Commission.� The company alleged that the Ports Authority violated the Shipping Act of 1984, a federal law prohibiting discrimination by carriers and terminal operators. The Supreme Court considered if the Ports Authority, a state agency, can be sued by private actors.� It ruled that it can not: the same doctrine of sovereign immunity that protects states in judicial tribunals apply when a state is hauled before a regulatory agency. Thomas, writing for a 5-4 Court, notes neither� history nor the text of the 11th Amendment provides guidance for settling the issue.� His decision rests, instead, on structural arguments about federalism and the "dignity interests" of the states. "Simply put, if the Framers thought it an impermissible affront to a State�s dignity to be required to answer the complaints of private parties in federal courts, we cannot imagine that they would have found it acceptable to compel a State to do exactly the same thing before the administrative tribunal of an agency, such as the FMC." Decision here � |
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