Reply To: Lawsuit in NJ to force the state to allow worship service

Home Forums Decaffeinated Coffee Lawsuit in NJ to force the state to allow worship service Reply To: Lawsuit in NJ to force the state to allow worship service

#1859459
Ex-CTLawyer
Participant

@AviK
My statement about needing permission to sue a state was made after reading the OP. Later I was able to read the filing and the suit was not against a State, but seeking injunctive relief against a government official acting in his official capacity.
When one sues claiming a law is Unconstitutional it is not a suit against a State it is seeking relief from a legislative act that is believed to be unconstitutional. The State (through its Attorney General) may be named as a defendant, but in reality one is suing the legislation. If Plaintiff wins, the law or parts of it may be struck down, if Plaintiff wins the law stands.

Again, my response was to the words of the OP, when it became clear the OP did NOT post accurately, I withdrew my comments, saying it had been a waste of time to have to explain you can’t sue a state without its permission.