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Ex parte Young, 209 U.S. 123 (1908), is a United States Supreme Court case that allows suits in federal courts for injunctions against officials acting on behalf of states of the union to proceed despite the State's sovereign immunity, when the State acted contrary to any federal law or contrary to the Constitution. [1]
Case history; Prior: Motion to dismiss denied, 801 F. Supp. 655 (S.D. Fla. 1992); reversed, 11 F.3d 1016 (11th Cir. 1994); cert. granted, 513 U.S. 1125 (1995).: Holding; Congress does not have the power under the Commerce Clause to abrogate the sovereign immunity afforded to states under the 11th Amendment; the doctrine of Ex parte Young, which allows parties to seek relief against state ...
The state judge and other state defendants responded by asserting their sovereign immunity defined in SB 8. District judge Robert Pitman denied the respondents' request to dismiss on August 25, 2021, stating that the state officials were subject to Ex parte Young exemptions, since the judges and clerks were central to enforcement of SB 8. [27]
In law, ex parte (/ ɛ k s ˈ p ɑːr t eɪ,-iː /) is a Latin term meaning literally "from/out of the party/faction [1] of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present.
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The petition alleged that the daughter was "somewhat retarded", was associating with "older youth and young men" and that it would be in the daughter's best interest to undergo a tubal ligation "to prevent unfortunate circumstances." [2] Judge Stump signed the requested order ex parte the same day that he received the petition. The daughter had ...
A Georgia judge has ordered a lawyer for rapper Young Thug to spend the next 10 weekends in jail after finding him in contempt. Defense attorney Brian Steel represents the rapper, who is currently ...
Edelman v. Jordan, 415 U.S. 651 (1974), was a United States Supreme Court case that held that the sovereign immunity recognized in the Eleventh Amendment prevented a federal court from ordering a state from paying back funds that had been unconstitutionally withheld from parties to whom they had been due.
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