Intersovereign Litigation

Question 1

May US sue a state without state’s consent?

Answer 1

YES

Question 2

May state sue US without US’s consent?

Answer 2

Generally –> NO. Forbidden by public policy.

Exception –> congress can pass legislation that permits US to be sued by a state in a given situation

Question 3

May one state sue another state without latter state’s consent?

Answer 3

YES

SCOTUS –> has ORIGINAL and EXCLUSIVE jurisdiction

Question 4

What rules apply with regards to suits against federal officers?

Answer 4

Suit against fed officer is deemed suit against US IF:

1. judgment would be satisfied out of public treasury; OR
2. would interfere w public administration

HOWEVER –> specific relief against officer as an individual will be granted if he acted ultra vires