11th Amendment Supreme Court Briefs
Two amicus briefs filed on May 18, 2012 in the U.S. Supreme Court case, Docket# 11-1179:
American Tradition Partnership, Inc. v. Steve Bullock, Attorney General of Montana, et al.
(These two briefs are cross-referenced within each brief’s text)
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* The TEAM 11th Amendment Brief:
I. THE SUPREME COURT LACKS JURISDICTION OF THIS CASE UNDER ARTICLE III AND THE 10TH AND 11TH AMENDMENTS OF THE UNITED STATES CONSTITUTION
II. THE YOUNG FICTION DOES NOT APPLY IN THIS CASE BECAUSE PETITIONERS SUED ARMS OF THE STATE AND OFFICERS IN THEIR OFFICIAL CAPACITY IN VIOLATION OF THE ELEVENTH AMENDMENT
* Essential Information Brief:
I. ELEVENTH AMENDMENT IMMUNITY HAS UNDERGONE DOCTRINAL CHANGE THAT PRECLUDES THE YOUNG FICTION FROM APPLYING TO THIS SUIT
II. THE “ROTE APPLICATION” OF YOUNG LACKS DOCTRINAL SUPPORT
III. THE SUPREME COURT’S APPELLATE JURISDICTION IS AS FULLY BOUND BY “ELEVENTH AMENDMENT IMMUNITY” AS IS ITS ORIGINAL JURISDICTION
IV. NO VALID POLICY JUSTIFICATION EXISTS FOR PERPETUATING EXCEPTIONS THAT VIOLATE THE CONSTITUTION
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* Summary of Briefs:
The 11th Amendment argument put in context of the Supreme Court’s position on Citizens United and other factors.