Edelman V. Jordan - Issue

Issue

Since the 1890 decision in Hans v. Louisiana, the Eleventh Amendment had been held to recognize the sovereign immunity of states from suits by their citizens. However, the 1908 case of Ex parte Young had allowed an exception, that citizens could seek injunctive relief against state officials to stop them from carrying out unconstitutional state policies.

In this case, the Supreme Court would have to examine whether a federal court can require a state to restore money wrongfully withheld from citizens by the state, if the order to restore the funds is in the form of an injunction requiring the state to stop its wrongful possession of those funds.

Read more about this topic:  Edelman V. Jordan

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