Virginia Office of Protection and Advocacy v. Reinhard Amicus Brief

The Fourth Circuit utilized a far-reaching rationale to improperly deny access to federal court. The decision below unduly amplifies the exception to prospective injunctive relief under Ex parte Young, 209 U.S. 123 (1908), expansively interpreting the concepts of state sovereignty interests and dignity to immunize states from suit. By so doing, the appellate court's opinion threatens to undermine the supremacy of federal law, not only for civil rights and safety-net statutes but also for a wide-range of federal statutes of great importance to business interests. … Back to Article