Legal Opinion
Petty v. Tennessee-Missouri Bridge Commission
Supreme Court of the United States
Decided April 20, 1959No. 233PublishedCited by 389 opinions
1Opinion of the CourtJustice Douglas
When the Court in 1793 held that a State could be sued in the federal courts by a citizen of another State1 (Chisholm v. Georgia, 2 Dall. 419), the Eleventh Amendment2 was passed precluding it. But this is an immunity which a State may waive at its pleasure (Missouri v. Fiske, 290 U. S. 18, 24) as by a general appearance in litigation in a federal court (Clark v. Barnard, 108 U. S. 436, 447-448) or by statute. Ford Motor Co. v. Department of Treasury, 323 U. S. 459, 468-470. The conclusion that there has been a waiver of immunity will not be lightly inferred. Murray v. Wilson Distilling Co.,…
2Cases cited20 opinions
- Ford Motor Co. v. Department of TreasurySupreme Court of the United States · 1945
- Chisholm v. GeorgiaSupreme Court of the United States · 1793
- Clark v. BarnardSupreme Court of the United States · 1883
- Ex Parte State of New York, No. 1Supreme Court of the United States · 1921
- Helvering v. StuartSupreme Court of the United States · 1942
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3Cited by389 opinions
- Edelman v. JordanSupreme Court of the United States · 1974
- Lapides v. Board of Regents of Univ. System of Ga.Supreme Court of the United States · 2002
- College Savings Bank v. Florida Prepaid Postsecondary Education Expense BoardSupreme Court of the United States · 1999
- Lake Country Estates, Inc. v. Tahoe Regional Planning AgencySupreme Court of the United States · 1979
- Sutton v. Utah State School for the Deaf & BlindCourt of Appeals for the Tenth Circuit · 1999
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