New York City Health & Hospitals Corp. v. Perales

CARDAMONE, Circuit Judge:

The Eleventh Amendment is at the center of this appeal. We recognize the always existing tension between the supremacy of federal law and the limitation on federal judicial power — established by the Eleventh Amendment — that enshrines the states’ sovereign immunity. Eleventh Amendment jurisprudence has dealt with these conflicting concepts by using notions of an ongoing wrong, remedied prospectively, contrasted with a past wrong for which compensation is sought, termed retroactive relief. The contrast between prospective relief, permitted under the Eleventh…