"An Innate Sense of Fairness": State Responses to the U.S. Supreme Court's Sovereign Immunity Decisions

Abstract

The U.S. Supreme Court's recent revival of state sovereign immunity is usually cited as a significant development in modern U.S. federalism. These decisions giving states a powerful defense against lawsuits lead to the question: How will the states react to the Court's rulings? How likely is it that states will consent to be sued? This article discusses the consequences of the Court's sovereign immunity rulings specifically concerning state legislative debates over immunity waiver bills. It explains why some states have been willing to waive immunity, despite the Court majority's fears of a flood of lawsuits if states did not enjoy immunity.