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Today’s Supreme Court Quiz

In Virginia Office for Protection and Advocacy v. Stewart, the Supreme Court ruled today, by a 6-2 vote (with Justice Kagan not participating) that the so-called Ex parte Young limit on a state’s sovereign immunity under the Eleventh Amendment allows a federal court to hear a lawsuit for prospective relief against state officials brought by another agency of the same state.

Here’s the opening paragraph of the dissent:

Today the Court holds that a state agency may sue officials acting on behalf of the State in federal court. This has never happened before. In order to reach this unsettling result, the Court extends the fiction of Ex parte Young—what we have called an “empty formalism”—well beyond the circumstances of that case. Because I cannot subscribe to such a substantial and novel expansion of what we have also called “a narrow exception” to a State’s sovereign immunity, I respectfully dissent.

Here’s the quiz for you: Which justices were in the majority, and which were in dissent? Answers below the fold.

A very unusual alignment: Justice Scalia wrote the majority opinion, which was joined by Justices Kennedy, Thomas, Ginsburg, Breyer, and Sotomayor. The Chief Justice wrote the dissent, joined by Justice Alito.

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