Sovereign immunity

Sovereign immunity is the rule that a government cannot be sued in its own courts unless it agrees to be. The federal government has waived the immunity in some areas by statute, such as the Federal Tort Claims Act and parts of the Tucker Act.

For states, the doctrine is tied to the Eleventh Amendment, ratified in 1795 after the Supreme Court allowed a citizen of one state to sue another. The Court has read it broadly to bar many suits against states in federal court, even by their own citizens, unless Congress validly abrogates immunity or the state consents. Under Ex parte Young (1908), however, individuals may sue state officials in their official capacity for injunctions against ongoing violations of federal law.

Defenders say immunity protects public treasuries and respects state dignity under federalism. Critics argue it leaves people without remedies when governments break the law. It is separate from qualified immunity, which protects individual officials from damages, and it interacts with the Takings Clause, since property owners may need a way to seek compensation.