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Sovereign Immunity Chart

Sovereign Immunity

P alleges a P doesnt allege a


Constitutiuonal constitutional
Violation violation

§ Deal with § Does not deal with


discrimination that discrimination
State can be sued
receives heightened receiving heightened
scrutiny?? scrutiny

State can be sued


ONLY if Congress finds
If so, lawsuit against
pervasive
state can go forward
unconstitutional
conduct

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