Legal Opinion
Seminole Tribe of Florida v. Florida
Court of Appeals for the Eleventh Circuit
Decided January 18, 1994No. Nos. 92-4652, 92-6244PublishedCited by 84 opinions
1Opinion of the Court
TJOFLAT, Chief Judge:
These two consolidated cases present the following issue: whether Congress successfully abrogated the states’ Eleventh Amendment sovereign immunity from suit by enacting the Indian Gaming Regulatory Act (“IGRA”), Pub.L. No. 100-497,102 Stat. 2467 (1988) (codified at 25 U.S.C. §§ 2701-21).1 The two district court judges below agreed that IGRA manifested Congress’ attempt to abrogate the states’ Eleventh Amendment *1019immunity; they disagreed, however, as to whether Congress possesses the power under the Constitution to accomplish that abrogation.
We hold that, although…
2Cases cited35 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Edelman v. JordanSupreme Court of the United States · 1974
- Hans v. LouisianaSupreme Court of the United States · 1890
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3Cited by84 opinions
- Texas v. United StatesCourt of Appeals for the Fifth Circuit · 2007
- Ass'n for Disabled Americans, Inc. v. Florida International UniversityCourt of Appeals for the Eleventh Circuit · 2005
- JOHN DOE MARY DOE, INDIVIDUALLY AND AS HUSBAND AND WIFE, AND JNT, BY AND THROUGH JOHN DOE, HIS NEXT FRIEND JAY BRUMMETT, PERSONAL REPRESENTATIVE OF THE ESTATE OF GAYLYNN BRUMMETT, — UNITED STATES OF AMERICA, INTERVENOR — v. THE STATE OF NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES MICHAEL JOHANNS, GOVERNOR OF THE STATE OF NEBRASKA, IN HIS OFFICIAL CAPACITY RON ROSS, DIRECTOR OF THE NEBRASKA DEPARTMENT OF HEALTH & HUMAN SERVICES, IN HIS OFFICIAL CAPACITY SANDY THOMPSON, CHILD PROTECTIVE SERVICES CASE MANAGER FOR THE NEBRASKA DEPARTMENT OF HEALTH & HUMAN SERVICES, IN HER OFFICIAL CAPACITY PATRICIA SQUIRES, DECEASED, CHILD PROTECTIVE SERVICES SUPERVISOR AND ADOPTION UNIT SUPERVISOR FOR THE NEBRASKA DEPARTMENT OF HEALTH & HUMAN SERVICES, IN HER OFFICIAL CAPACITY DARYL WUSK, ADMINISTRATOR OF THE LINCOLN DISTRICT OFFICE OF THE NEBRASKA DEPARTMENT OF HEALTH & HUMAN SERVICES, IN HIS OFFICIAL CAPACITY, —Court of Appeals for the Eighth Circuit · 2003
- In Re: Gary Burke, Pamela Burke, Debtors. State of Georgia Department of Revenue v. Gary Burke Pamela Burke, in Re Raymond D. Headrick, Cynthia J. Headrick, Debtors. The State of Georgia, Department of Revenue v. Raymond D. Headrick Cynthia J. HeadrickCourt of Appeals for the Eleventh Circuit · 1998
- Seminole Tribe of Florida v. State of Florida, Lawton Chiles, Governor of the State of Florida, Poarch Creek Indians, Poarch Band of Creek Indians v. State of Alabama, James E. Folsom, Governor, State of AlabamaCourt of Appeals for the Eleventh Circuit · 1994
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