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Sipping My Tea

Strict Scrutiny

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How Does the Court of Appeals Overturn State Sovereign Immunity?

In gamble versus United States, the court was asked to overturn the separate sovereign doctrine of double jeopardy. In Nick versus Township of Scott, someone who wants to challenge the taking of private property has to challenge that taking in a state inverse condemnation proceeding and seek compensation for the state before they go off to federal court. And then there was franchise tax board versus Hyatt. This case involved state sovereign immunity specifically. Can you sue a state in the court of another state? The justices elected to overturn their prior precedent and a 5-4 decision authored by Chief Justice Thomas with the four liberals.

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