Virginia Office for Protection and Advocacy v. Stewart
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 09-529 | 4th Cir. | Dec 1, 2010 | Apr 19, 2011 | 6-2 | Scalia | OT 2010 |
Holding: Ex Parte Young allows a federal court to hear a lawsuit for prospective relief against state officials brought by another agency of the same state. (Kagan, J., recused).
Plain English Holding: To comply with a federal statute that provides funds to states for the care of people with disabilities, Virginia established a state agency to advocate on behalf of patients in state institutions. The Supreme Court held that Virginia cannot invoke its sovereign immunity to prevent that agency from suing state officials for a court order requiring the officials to comply with the federal statute.
Judgment: Fourth Circuit reversed, 6-2, in an opinion by Justice Scalia on April 19, 2011. Chief Justice Roberts filed a dissenting opinion, joined by Justice Alito. Justice Kennedy filed a concurring opinion, joined by Justice Thomas. (Kagan, J., recused).
SCOTUSblog Coverage
- Opinion analysis: Court allows suits by state agencies against state officials (Steven Schwinn, April 25, 2011)
- Last Week at the Court: In Plain English (Lisa Tucker, April 24, 2011)
- Argument recap: The faces of federalism in a state inter-agency dispute (Steven Schwinn, December 6, 2010)
- Argument preview: When state agencies sue state officials (Anna Christensen, November 26, 2010)
- Credit card holders' rights (Lyle Denniston, June 21, 2010)
Briefs and Documents
Merits Briefs
- Brief for Petitioner Commonwealth of Virginia, by its Office for Protection and Advocacy
- Brief for Respondents James W. Stewart, III, in his official capacity as Commissioner, Department of Behavioral Health and Developmental Services of the Commonwealth of Virginia, Denise D. Micheletti, in her official capacity as Director, Central Virginia Training Center, and Vicki Y. Montgomery, in her official capacity as Acting Director, Central State Hospital,
- Reply Brief for Petitioner Commonwealth of Virginia, By its Office for Protection and Advocacy
Amicus Briefs
- Brief for AARP, the National Seniors Citizens Law Center, the ARC of the United States, the National Health Law Program, and United Cerebral Palsy in Support of Petitioner
- Brief for the United States in Support of Petitioner
- Brief for Rhode Island Office of the Child Advocate in Support of Petitioner (reprint)
- Brief for Law Professors in Support of Petitioner
- Brief for National Disability Rights Network in Support of Petitioner
- Brief for the States of Indiana, Alabama, Florida, Hawaii, Louisiana, Maine, Michigan, New Hampshire, New Jersey, Pennsylvania, South Carolina, Utah and Washington in Support of Respondent
Certiorari-Stage Documents
- Opinion below (4th Circuit)
- Petition for certiorari (unavailable)
- Brief in opposition (unavailable)
- Petitioner’s reply (unavailable)
- Amicus brief of the United States (invited) (grant)
- Amicus Brief of Law Professors (unavailable)
- Amicus Brief of New Jersey Public Advocate (unavailable)
- Supplemental brief of respondents (unavailable)
