With the makeup of the Supreme Court now leaning toward the right with a 5-4 conservative majority, it was predicted that the court would be more likely to issue rulings that are in line with the plain text of the U.S. Constitution.
That appears to be true with regard to the court’s recent 5-4 ruling in the case of Franchise Tax Board of California v. Hyatt, which overturned a prior decision from 40 years ago that the current court held was inconsistent with the principle of states’ sovereign immunity.
Overturning precedent
The high court ruled on Monday that a state could not be sued by a private party in a different state unless it had first consented to be sued.
That decision reversed a 1979 Supreme Court ruling in the case of Nevada v. Hall, which declared that the Constitution offered no protection to individual states from private lawsuits originating in other states.
Justice Clarence Thomas wrote the majority opinion in the 5-4 decision. The four liberal justices were led in their dissenting opinion by Justice Stephen Breyer.
The liberal justices felt that prior court precedent should have been left alone and criticized the conservatives for overturning of a past ruling by a slim 5-4 majority, revealing their deeper concern that other longstanding precedents could be overturned in the future by a similarly narrow margin.
Thomas’ majority opinion
In the majority opinion, Thomas wrote that the 1979 ruling “misreads the historical record and misapprehends the ‘implicit ordering of relationships within the federal system necessary to make the Constitution a workable governing charter and to give each provision within that document the full effect intended by the Framers.'”
With regard to the precedent set in that case, Thomas wrote that it was “irreconcilable with our constitutional structure and with the historical evidence” which showed that states did enjoy sovereign immunity from private lawsuits
Broader implications?
The case at the heart of the court’s decision involved a dispute between a microchip inventor named Gilbert Hyatt who lived in Nevada and sued the California Franchise Tax Board in 1992.
Hyatt’s suit demanded that the tax agency compensate him for damages resulting from an audit it conducted on suspicion that Hyatt had moved from California to Nevada in order to avoid paying the state’s personal income tax. Hyatt alleged that the board shared personal information about him with business associates and unconstitutionally invaded his privacy.
This was actually the third time this particular case found its way to the Supreme Court, but it will almost assuredly be the last.
Now that the court has overturned its own prior ruling and found that Hyatt had no right to sue California from a Nevada courtroom absent its consent, liberal activists are left worrying about which other precedents may be vulnerable under fresh review.
1,958 Responses
I relish, result in I found exactly what I was having a look for. You have ended my 4 day lengthy hunt! God Bless you man. Have a great day. Bye
Muchos Gracias for your blog.Really looking forward to read more. Much obliged.
This website was… how do I say it? Relevant!! Finally I have found something which helped me. Many thanks!
I really liked your article post.Much thanks again. Cool.
Hi! I could have sworn I’ve visited this blog before but after going through some of the posts I realized it’s new to me. Nonetheless, I’m certainly delighted I came across it and I’ll be bookmarking it and checking back often!|
Excellent, what a blog it is! This blog gives useful facts to us, keep it up.|
Go to Pure CBD Selection for the best pure cbd oil. You can buy pure cbd oil that is full spectrum or broad spectrum. Make sure to sign up for there newsletter to receive a free coupon code.
What’s up to all, how is all, I think every one is getting more from this site, and your views are pleasant for new viewers.|
Have got you ever considered publishing an ebook or perhaps guest authoring on different blogs? I possess a blog based mostly upon on the same details you discuss and would really like to have you show some stories/facts. I know my viewers would appreciate your function. If you are even remotely interested, feel free to give me an e-mail.
Im thankful for the blog.Really looking forward to read more. Great.
That is a very good tip especially to those new to the blogosphere. Short but very accurate info… Many thanks for sharing this one. A must read article!
Hi there, just became alert to your blog through Google, and found that it’s truly informative. I am going to watch out for brussels. I will appreciate if you continue this in future. Numerous people will be benefited from your writing. Cheers!|
I enjoy reading a post that can make people think. Also, thanks for permitting me to comment!
Unquestionably believe that that you stated. Your favorite reason seemed to be on the internet the easiest thing to consider of. I say to you, I definitely get irked even as folks think about worries that they plainly do not know about. You managed to hit the nail upon the top as smartly as outlined out the entire thing with no need side effect , folks can take a signal. Will probably be back to get more. Thank you
Hey there I am so happy I found your webpage, I really found you by accident, while I was searching on Yahoo for something else, Anyways I am here now and would just like to say kudos for a fantastic post and a all round enjoyable blog (I also love the theme/design), I don’t have time to go through it all at the minute but I have bookmarked it and also added in your RSS feeds, so when I have time I will be back to read more, Please do keep up the superb b.|
Woah! I’m really loving the template/theme of this blog. It’s simple, yet effective. A lot of times it’s difficult to get that “perfect balance” between superb usability and visual appeal. I must say you’ve done a great job with this. Additionally, the blog loads super fast for me on Internet explorer. Exceptional Blog!|
I was extremely pleased to discover this site. I want to to thank you for ones time due to this wonderful read!! I definitely savored every part of it and i also have you bookmarked to look at new stuff on your web site.
Aw, this was a very nice post. In idea I wish to put in writing like this moreover – taking time and precise effort to make an excellent article… however what can I say… I procrastinate alot and by no means appear to get something done.
Hey! Someone in my Myspace group shared this site with us so I came to look it over. I’m definitely loving the information. I’m book-marking and will be tweeting this to my followers! Fantastic blog and terrific design and style.|
Definitely, what a fantastic website and instructive posts, I surely will bookmark your site.All the Best!
Very good article. I absolutely appreciate this site. Keep it up!
Everything is very open with a really clear explanation of the challenges. It was definitely informative. Your website is very useful. Thanks for sharing!
Hello, I do think your site could be having web browser compatibility problems. When I take a look at your website in Safari, it looks fine however when opening in Internet Explorer, it has some overlapping issues. I just wanted to provide you with a quick heads up! Other than that, excellent site!
It is appropriate time to make some plans for the long run and it is time to be happy. I’ve learn this publish and if I could I wish to recommend you some interesting issues or advice. Perhaps you could write subsequent articles referring to this article. I wish to read even more things about it!
I think this is among the most important information for me. And i am glad reading your article. But should remark on some general things, The web site style is great, the articles is really excellent : D. Good job, cheers|
Hey there this is somewhat of off topic but I was wondering if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding experience so I wanted to get guidance from someone with experience. Any help would be greatly appreciated!|
Hello there, You’ve done an excellent job. I’ll definitely digg it and personally suggest to my friends. I am sure they’ll be benefited from this website.
This design is spectacular! You most certainly know how to keep a reader amused. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Excellent job. I really loved what you had to say, and more than that, how you presented it. Too cool!
I’m now not specific where you are getting your facts, however great subject. I must dedicate a while learning considerably more or figuring out extra. Thanks for great facts I was on the lookout for this info for my mission.
Greetings! Very helpful advice within this article! It is the little changes which will make the most significant changes. Many thanks for sharing!
Hi there, You have done a fantastic job. I will certainly digg it and personally suggest to my friends. I’m sure they’ll be benefited from this web site.|
I was very pleased to discover this great site. I want to to thank you for your time for this wonderful read!! I definitely savored every little bit of it and i also have you book-marked to look at new stuff on your blog.
Can I simply just say what a comfort to uncover someone that truly understands what they are discussing over the internet. You certainly realize how to bring a problem to light and make it important. More people really need to look at this and understand this side of the story. I can’t believe you’re not more popular because you certainly possess the gift.
For the reason that the admin of this site is working, no question very shortly it will be well-known, due to its feature contents.|
It’s perfect time to make a few plans for the long run and it’s time to be happy. I’ve read this post and if I may I desire to counsel you few attention-grabbing things or suggestions. Maybe you could write subsequent articles referring to this article. I wish to learn even more issues approximately it!|
My partner and I absolutely love your blog and find most of your post’s to be precisely what I’m looking for. can you offer guest writers to write content for yourself? I wouldn’t mind creating a post or elaborating on many of the subjects you write with regards to here. Again, awesome blog!|
An interesting discussion is worth comment. I do believe that you ought to write more about this topic, it may not be a taboo matter but usually people do not discuss these topics. To the next! Kind regards!!
Oh my goodness! Amazing article dude! Thank you, However I am going through issues with your RSS. I don’t understand why I can’t join it. Is there anybody having similar RSS problems? Anyone who knows the solution can you kindly respond? Thanx!!|
May I simply say what a relief to uncover somebody who actually knows what they are talking about online. You certainly know how to bring a problem to light and make it important. More and more people must read this and understand this side of your story. I can’t believe you’re not more popular given that you definitely possess the gift.|
Thanks for helping out, fantastic info .