state sovereignty

State sovereignty is front and center in Franchise Tax Board of California v. Hyatt. This case is before the U.S. Supreme Court for (possibly a record-breaking) third time. This time the Supreme Court will decide whether to overrule Nevada v. Hall (1979), which permits a state to be sued in the courts of another state without its consent. In Hyatt II (2016), the Supreme Court deadlocked 4-4 on this question shortly after Justice Scalia died.   

Earlier this month, the Supreme Court denied Arizona’s petition for a writ of certiorari to review a 9th Circuit decision holding that the state must allow Deferred Action for Childhood Arrivals, or DACA, documents to be sufficient to obtain driver’s licenses and state identification cards.

To obtain a driver’s license or state identification card...

Special counsel, retained to collect debt on behalf of the Attorney General (AG) owed to the state, don’t violate the Fair Debt Collection Practices Act (FDCPA) when they use AG letterhead to communicate with debtors. The Supreme Court’s opinion in Sheriff v. Gillie written by Justice Ginsburg is unanimous.

An amicus brief filed by Michigan and 11 other states supporting Ohio cites a recent study concluding that all 50 states use “private collection agencies to some degree and ‘at some point in the process.’”

In Franchise Tax Board of California v. Hyatt the Supreme Court held 6-2 that the Constitution’s Full Faith and Credit Clause requires state courts to apply a damages cap, which applies to the state, to  foreign states and local governments sued in its court.

The State and Local Legal Center filed an amicus brief in this case asking the Court to reach this result. State and local governments are frequently sued out-of-state and will benefit if other states’ immunities apply to them.  

If A state is sued in B state, do the courts of B state have to extend to A state the same immunities that they would apply to B state? And…can state A even be sued in state B?   

While this may sound like a nonsensical hypothetical, these are the issues the Supreme Court has agreed to decide in Franchise Tax Board of California v. Hyatt. The State and Local Legal Center (SLLC) filed an amicus brief arguing that states must extend the same immunities that apply to them to foreign state and local governments sued in their state courts.