Tuesday, May 14, 2019

SCOTUS Decision in Franchise Tax Board v. Hyatt: Nevada v. Hall is Overruled

Yesterday the Supreme Court issued a 5-4 decision in Franchise Tax Board of California v. Hyatt, covered earlier here. Justice Thomas’s majority opinion, joined by Chief Justice Roberts and Justices Alito, Gorsuch, and Kavanaugh, begins:

This case, now before us for the third time, requires us to decide whether the Constitution permits a State to be sued by a private party without its consent in the courts of a different State. We hold that it does not and overrule our decision to the contrary in Nevada v. Hall, 440 U. S. 410 (1979).

Justice Breyer authored the dissenting opinion, joined by Justices Ginsburg, Sotomayor, and Kagan.



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