Forseth v. Sweet

The appellant’s principal argument (conceding, arguendo, the right of the state to preserve its immunity from suit) is simply that the legislature has in fact spelled out a method or procedure for suing the state. For the purpose of this argument, the appellant concedes that art. IV, sec. 27, is not self-executing, but she contends that the legislature has implemented it. That section of the constitution provides:

“The legislature shall direct by law in what manner and in what courts suits may be brought against the state.”

Appellant starts also from the premise, admittedly correct since Holytz…