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
Very informative blog post.Really looking forward to read more. Awesome.
Thanks-a-mundo for the post. Much obliged.
Definitely imagine that that you stated. Your favorite justification seemed to be at the net the easiest thing to consider of. I say to you, I certainly get irked at the same time as other people consider worries that they just do not understand about. You managed to hit the nail upon the highest and also outlined out the entire thing without having side effect , other people could take a signal. Will likely be again to get more. Thanks
Very good article. Cool.
Hi my friend! I want to say that this post is awesome, nice written and include almost all important infos. I’d like to see more posts like this.
You actually make it seem really easy together with your presentation but I in finding this topic to be actually something that I believe I would by no means understand. It sort of feels too complex and extremely large for me. I am having a look ahead in your subsequent post, I will attempt to get the dangle of it!
Do you have a spam problem on this website; I also am a blogger, and I was wondering your situation; many of us have developed some nice methods and we are looking to trade strategies with others, please shoot me an email if interested.
I really liked your article post.Really thank you! Fantastic.
Would you be curious about exchanging links?
Looking forward to reading more. Great blog article.Really thank you! Great.
Thank you for your blog post.Really looking forward to read more.
Say, you got a nice article.
I like the way you have concluded this blog post …
Thanks-a-mundo for the blog post. Great.
What an incredible manner of taking a look at things.
Major thanks for the post.Thanks Again. Great.
Awesome article post.Really thank you! Awesome.
There is certainly a lot to learn about this topic. I love all the points you made.
Say, you got a nice blog.Much thanks again. Really Cool.
Really informative blog article.Really looking forward to read more. Want more.
A fascinating discussion is definitely worth comment. There’s no doubt that that you ought to publish more about this issue, it may not be a taboo matter but typically people don’t speak about these subjects. To the next! Best wishes!!
Thank you ever so for you article post.Thanks Again. Cool.
Awesome blog article.Much thanks again. Really Great.
Great post. I was checking continuously this blog and I’m impressed! Very useful information specially the last part 🙂 I care for such information much. I was looking for this certain info for a long time. Thank you and best of luck.|
If some one wants to be updated with hottest technologies afterward he must be go to see this web site and be up to date all the time.|
Really enjoyed this blog article.Really looking forward to read more. Keep writing.
I really liked your blog.Really looking forward to read more. Great.
I could not refrain from commenting. Exceptionally well written!
Greetings! Very helpful advice within this article! It’s the little changes that make the most significant changes. Thanks a lot for sharing!
A motivating discussion is worth comment. I believe that you should write more on this subject matter, it may not be a taboo matter but generally people do not speak about these subjects. To the next! Best wishes!!
Thanks a lot for the blog post.Thanks Again. Will read on…
Hi there! I could have sworn I’ve been to this web site before but after going through a few of the posts I realized it’s new to me. Regardless, I’m certainly happy I found it and I’ll be book-marking it and checking back regularly!
Good blog post. I definitely appreciate this website. Continue the good work!
I’m excited to discover this website. I want to to thank you for ones time for this particularly fantastic read!! I definitely enjoyed every part of it and i also have you book marked to see new information on your site.
I used to be able to find good info from your blog articles.
It’s actually a nice and helpful piece of information. I am happy that you shared this helpful information with us. Please keep us informed like this. Thanks for sharing.
Hi there! I simply wish to give you a huge thumbs up for your excellent info you have got right here on this post. I am coming back to your web site for more soon.
Awesome article.Really looking forward to read more. Really Cool.
When I initially left a comment I seem to have clicked on the -Notify me when new comments are added- checkbox and now every time a comment is added I receive four emails with the same comment. Is there a means you are able to remove me from that service? Many thanks!
After I initially commented I appear to have clicked the -Notify me when new comments are added- checkbox and from now on whenever a comment is added I recieve 4 emails with the same comment. Perhaps there is a means you can remove me from that service? Thanks a lot!