[EL] 11th Amendment & Citizens United

[BZall at aol.com]

Whether or not it is a product of a progressive group, the chances of the  
brief having the impact the headline suggests are pretty small. The brief 
says,  in relevant part, "The time has come to abandon, as equally erroneous, 
both the  Young fiction created in the Lochner era to circumvent the  11th 
Amendment, and any “federal question” exception remnant of  pre-Hans 
doctrine based on waiver fiction." 11th Amndt Movement Br. at  5-6. The brief 
apparently pins its hope on Justice Kennedy's recent 11th Amdt  jurisprudence, 
but, by granting the stay pending consideration of the  Petition, the Court 
has already signaled its view on this question as well  as its view on the 
scope of the Question Presented. Not sure the Court would  view the denial of 
jurisdiction here as an opportunity to expound on the 11th  Amendment. 
 
So, I suppose it is theoretically possible that the Court might reach out  
and grab this opportunity to continue its exposition on the 11th Amendment, 
but,  ironically, perhaps that is a view similar to the recent Toobin 
article  making much of the Court's movement from a narrow view in Citizens  
United to a broader one.
 
Barnaby Zall
Of Counsel
Weinberg, Jacobs & Tolani,  LLP
Please note our new address:
10411  Motor City Dr., Suite 500
Bethesda, MD 20817
301-231-6943 (direct dial)
_www.wjlaw.com_ (http://www.wj/) 
bzall at aol.com



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In a message dated 5/29/2012 8:54:07 A.M. Eastern Daylight Time,  
lederman.marty at gmail.com writes:

The  brief is here:  


_http://sblog.s3.amazonaws.com/wp-content/uploads/2012/05/11-1179-The-Eleven
th-Amendment-Movement-Cert-Amicus.pdf_ 
(http://sblog.s3.amazonaws.com/wp-content/uploads/2012/05/11-1179-The-Eleventh-Amendment-Movement-Cert-Amicus.pdf
) 


The amicus "Eleventh Amendment Movement" describes itself as  "a national 
non-partisan association dedicated to education, non-partisan advocacy  and 
litigation to support the restoration and protection  of fundamental special 
sovereign interests of the  states as protected by the Eleventh Amendment of 
the United States Constitution."


A central fixture in the progressive firmament, to be  sure.




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