2019 News Releases

AG Derek Schmidt: States cannot be sued in the courts of other states, U.S. Supreme Court rules

Release Date: May 13, 2019

TOPEKA – (May 13, 2019) – The U.S. Supreme Court today agreed with Kansas and other states in ruling that states cannot be sued in the courts of other states without their consent, Attorney General Derek Schmidt said.

In its ruling today, the Court ruled that states’ sovereign immunity protects states from being sued in the courts of other states. This ruling overturned a 1979 U.S. Supreme Court decision in Nevada v. Hall. Kansas, along with 43 other states, had filed an amicus brief arguing that Hall had been wrongly decided and urging the Court to overturn that prior ruling.

“It is clear that the framers of the Constitution intended the states to remain sovereign, and not subject to the jurisdiction of the courts of other states,” Schmidt said. “Today’s ruling restores this legal principle, fundamental to our federal system of government, and strengthens our ability to effectively defend Kansas against out-of-state lawsuits.”

The case is Franchise Tax Board of the State of California v. Hyatt. A copy of the Court’s decision is available at http://bit.ly/2Q11Lwt.  

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News releases issued prior to 2011 are available through an archive hosted by the Kansas State Library.