NCJ Number
18156
Journal
William and Mary Law Review Volume: 16 Issue: 1 Dated: (FALL 1974) Pages: 1-36
Date Published
1974
Length
36 pages
Annotation
DISCUSSION OF TWO 1973 SUPREME COURT DECISIONS REGARDING THE AVAILABILITY OF DECLARATORY JUDGEMENTS AFFECTING STATE CRIMINAL PROSECUTIONS, AND THE AWARD OF MONETARY DAMAGES AGAINST A STATE OR STATE OFFICIAL.
Abstract
IN STEFFER V. THOMPSON, THE COURT AUTHORIZED DECLARATORY RELIEF FROM ALLEGEDLY UNCONSTITUTIONAL PROSECUTIONS, LEAVING OPEN QUESTIONS REGARDING THE EFFECT OF THE REMEDY UPON SUBSEQUENT STATE PROCEEDINGS. EDELMAN V. JORDAN ADDRESSED THE CONFUSION GENERATED BY THE ELEVENTH AMENDMENT AND THE CLOSELY RELATED DOCTRINE OF SOVEREIGN IMMUNITY WHEN MONETARY RELIEF IS SOUGHT AGAINST A STATE. A DISCUSSION OF THE COURT'S HOLDING IN THE FIRST CASE CONSIDERS THE CONSTRAINTS THAT HAVE BEEN VARIOUSLY APPLIED TO REQUESTS FOR FEDERAL INTERVENTION, EQUITABLE AS WELL AS DECLARATORY, INTO STATE PROCEEDINGS. CITED ARE SEVERAL COURT DECISIONS WHICH DEFINED EQUITABLE INTERVENTION AND THE DISTINCTION BETWEEN INJUNCTIVE AND DECLARATORY RELIEF. ALSO EXAMINED ARE THE EFFECTS OF DECLARATORY RELIEF ON SUBSEQUENT PROSECUTIONS, INCLUDING WHAT IS MADE RES JUDICATA AS A RESULT OF THE JUDGEMENT, AND THE EXTENT TO WHICH A STATE COURT IS BOUND UNDER THE PRINCIPLES OF STARE DECISIS BY A CONSTITUTIONAL LAW DECISION ISSUED BY A LOWER FEDERAL COURT. ANOTHER AREA COVERED IS THE GRANTING OF PROSPECTIVE AND RETROACTIVE RELIEF TO INDIVIDUALS AGGRIEVED BY PAST STATE ACTION. EDELMAN AUTHORIZED ONLY PROSPECTIVE RELIEF. A FUNCTIONAL ANALYSIS OF SUPREME COURT CASES DEMONSTRATES THAT THE COURT HAS ATTEMPTED TO DISTINGUISH BETWEEN THOSE REMEDIES WHICH WOULD AUTHORIZE WHOLESALE INVASION OF THE STATE TREASURY OR SUBSTANTIALLY DISRUPT STATE REVENUE PROGRAMS AND THOSE REMEDIES WHICH COULD PROVIDE ONLY INDIVIDUALIZED RELIEF FROM A PARTICULAR STATE REVENUE ACTION. ASPECTS OF EDELMAN, SUCH AS THE NEED TO FIND A WAIVER BY THE STATE OF ITS ELEVENTH AMENDMENT IMMUNITY AND THE QUESTION OF WHETHER A SUIT BY THE UNITED STATES MIGHT BE PRECLUDED BY STATE IMMUNITY ARE ALSO EXPLORED. (AUTHOR ABSTRACT MODIFIED)