Supreme Court of the United States
Virginia Office for Protection and Advocacy v. James W. Stewart Iii
April 19, 2011179 L. Ed. 2d 675
Summary
Chief Justice Roberts dissents, arguing that the Ex parte Young fiction should not be extended to a state agency suing officials of the same state in federal court, due to sovereign immunity concerns and the novelty of such suits. Justice Kennedy concurs, noting that the suit can proceed under Ex parte Young to vindicate the Supremacy Clause because federal and state interests are mitigated by state law authorization. The majority, not excerpted here, affirmed the Fourth Circuit's judgment.