Supreme Court of the United States

Verizon Maryland Inc. v. Public Service Commission of Maryland — Souter, J., Concurring

May 20, 2002535 U.S. 635

Summary

Justice Souter, concurring, questions whether the Eleventh Amendment bars federal review of a state agency's interpretation of federal law, noting the state is a nominal defendant. Kennedy joined the Court's opinion and agrees Ex parte Young permits the suit, but cautions that sovereign interests must still be balanced.