The Eleventh Amendment generally limits private actions brought against states in federal court. … A state may not be sued in federal court by its own citizen or a citizen of another state, unless the state consents to jurisdiction. However, where the claim relates to denial of a (federal) constitutional right, such claims often are heard in the federal appellate courts and SCOTUS (e.g. Heller decision striking down D.C. weapons law under Second Amendment, Oberefell (Bakers”) decision striking down Colorado civil rights law in the case of baker refusing to provide wedding cake for gay couple etc).
Menu