Seminole Tribe of Fla. v. Florida

Supreme Court of the United States · 1996 · Constitutional Law

517 U.S. 44 (1996)

Updated July 29, 2026

Constitutional LawEleventh AmendmentState Sovereign ImmunityIndian Commerce ClauseEx parte YoungIndian Gaming Regulatory ActIGRAArticle I

Facts

IGRA allows Class III gaming on Indian lands only if conducted under a valid tribal-state compact. The Act requires a State, upon a tribe's request, to negotiate in good faith toward such a compact and authorizes suit in federal district court when a State fails to negotiate or fails to do so in good faith. The Act also creates an elaborate remedial process involving a court order, mediation, and possible intervention by the Secretary of the Interior. The Seminole Tribe alleged that Florida and its Governor refused to negotiate over certain gaming activities and sued to compel compliance.

Issue

May Congress, acting under the Indian Commerce Clause, authorize an Indian tribe to sue an unconsenting State in federal court to enforce IGRA's good-faith negotiation duty? If not, may the tribe instead sue the Governor for prospective relief under Ex parte Young to enforce that duty?

Rule

To determine whether Congress has abrogated state sovereign immunity, a court asks: (1) whether Congress unequivocally expressed its intent to abrogate, and (2) whether Congress acted pursuant to a valid constitutional grant of power. Congress lacks power under Article I, including the Indian Commerce Clause, to abrogate the States' sovereign immunity, because the Eleventh Amendment restricts the judicial power under Article III and Article I cannot be used to circumvent that limitation. Ex parte Young does not apply where Congress created a detailed remedial scheme for enforcing a statutory right against a State, indicating that the specified remedies are exclusive or significantly limiting.

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

Congress enacts the Coastal Freight Fairness Act under the Commerce Clause. The statute says, in so many words, that "any State may be sued in federal district court by any shipping company" for ongoing violations, and Harbor Star Logistics sues Oregon in federal court in Portland seeking only an injunction requiring future compliance.

Is the suit against Oregon most likely permitted?

Explanation. The controlling rule has two steps: Congress must clearly express an intent to abrogate, and it must act pursuant to a valid constitutional source of abrogation power. The majority held that Article I powers, including commerce powers, do not permit Congress to abrogate the sovereign immunity of an unconsenting State. It also said the type of relief sought is irrelevant; prospective injunctive relief does not avoid the bar when the defendant is the State itself.