Legal Opinion · Dissent

Ex Parte Sizemore

Supreme Court of Alabama

Decided January 8, 1993No. 1911015Published

1Dissent

Because this case presents a question of first impression that potentially involves the payment of approximately $20,000,000 from the Special Education Trust Fund of the State of Alabama, the important issues that have been raised in this petition should be addressed by the highest Court in this state.

The people of Alabama, in the Constitution of Alabama of 1901, declared: "That the State of Alabama shall never be made a defendant in any court of law or equity." Section 14 (emphasis added). This Court has held that § 14 prevents not only an action against the state, but also an action against…

2Cases cited21 opinions

  1. Ford Motor Co. v. Department of TreasurySupreme Court of the United States · 1945
  2. Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
  3. James B. Beam Distilling Co. v. GeorgiaSupreme Court of the United States · 1991
  4. Fair Assessment in Real Estate Assn., Inc. v. McNarySupreme Court of the United States · 1981
  5. McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Fla. Dept. of Business RegulationSupreme Court of the United States · 1990

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