Jump to content

Hess v. Port Authority Trans-Hudson Corporation

From Wikipedia, the free encyclopedia
(Redirected from 513 U.S. 30)

Hess v. Port Authority Trans-Hudson Corporation
Argued October 3, 1994
Decided November 14, 1994
Full case nameHess v. Port Authority Trans-Hudson Corporation
Citations513 U.S. 30 (more)
Holding
The Port Authority of New York and New Jersey is not an "arm of the state" for purposes of the Eleventh Amendment.
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinions
MajorityGinsburg, joined by Stevens, Kennedy, Souter, Breyer
ConcurrenceStevens
DissentO'Connor, joined by Rehnquist, Scalia, Thomas

Hess v. Port Authority Trans-Hudson Corporation, 513 U.S. 30 (1994), was a United States Supreme Court case regarding the nature of "arms of the state" that are entitled to sovereign immunity under the Eleventh Amendment.[1]

The Eleventh Amendment bars suits which seek either damages or injunctive relief against a state, an "arm of the state", its instrumentalities, or its agencies. In Hess, the Court considered what constitutes an "arm of the state". The case arose from a circuit split where the Second and Third Circuits issued conflicting ruling on whether the Port Authority of New York and New Jersey was entitled to sovereign immunity.

In an opinion by Justice Ruth Bader Ginsburg, the Court held that the Port Authority is not an "arm of the state" for purposes of the Eleventh Amendment. The Court reasoned that a judgment against the Port Authority would not be paid through by the state treaty of either New York or New Jersey.

References

[edit]
  1. ^ Christopher Shortell, Rights, Remedies, and the Impact of State Sovereign Immunity (2008), p. 20.