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Hans v. Louisiana

Supreme Court of the United States · 1890 · Constitutional Law

Constitutional LawEleventh AmendmentState Sovereign ImmunityFederal Jurisdictionstate sovereign immunityEleventh Amendmentfederal question jurisdictionarising under jurisdiction

Facts

The plaintiff was a citizen of Louisiana who sued the State of Louisiana in federal circuit court. He argued that the case fell within federal jurisdiction because it arose under the Constitution or laws of the United States. He contended that the Eleventh Amendment did not bar the suit because that amendment expressly mentions suits by citizens of another state or foreign citizens, not suits by a state's own citizens. Louisiana did not consent to be sued.

Issue

Can a State be sued in a federal Circuit Court by one of its own citizens on the ground that the case arises under the Constitution or laws of the United States? More specifically, does federal-question jurisdiction authorize such a suit absent the State's consent?

Rule

The judicial power of the United States does not extend to a suit brought in federal court by an individual against a State without the State's consent, even if the suit presents a federal question. The Constitution and jurisdictional statutes are not to be construed to create such an anomalous action against a sovereign State.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Leah Moreno, a citizen of Oregon, files suit in federal district court in Portland against the State of Oregon. She alleges that a state tax statute violates the Contracts Clause and seeks a money judgment from the State; Oregon has not consented to the suit.

Should the federal court exercise jurisdiction because Leah's claim arises under the U.S. Constitution?

Explanation. The majority held that federal judicial power does not extend to an original suit by an individual against his own unconsenting State, even where the case arises under the Constitution or laws of the United States. Federal-question status does not override the State's immunity from suit. (Derived from Hans v. Louisiana (n.d.).)