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May 3, 2020 10:32 pm at 10:32 pm
#1856514
Joseph
Participant
CTL: Why would any State ever agree to waive sovereign immunity in any case against it (or for that matter against any city, county or municipality within the State, which effectively are all units of the State), if it could save itself from any lawsuits by not waiving it?
Additionally, regarding the OP here, is it not the case that when it comes to potential federal constitutional rights violations that a State cannot claim sovereign immunity? i.e. If a State outlawed the free press in the State, it couldn’t avoida lawsuit by refusing to waive immunity.