Mark of the beast lawsuit by Amish

[Douglas Laycock]

Yes on the Pennhurst question.  Pennhurst holds that plaintiffs cannot sue state officials in their official capacity in federal court to enjoin violations of state law.   

I don't know if Michigan has waived that immunity, but I rather doubt it.  So plaintiffs would have to file in state court to assert the state law claim.   

Quoting "Michael R. Masinter" <masinter at nova.edu>:

> I tried to find within the complaint nonconclusory allegations that
> USDA used its spending powers to compel Michigan to adopt mandatory
> tagging, but on what I concede to be a cursory read, I didn't see much
> there.  But I agree with Doug that if the allegation is true, RFRA
> should apply.
>
> Assuming Michigan construes its free exercise clause along the lines
> of Sherbert-Yoder, doesn't Pennhurst construe the eleventh amendment
> to bar federal courts from hearing claims against state officials for
> injunctive relief to compel compliance with the state constitution?
> Has Michigan waived that aspect of its eleventh amendment immunity?
>
> Michael R. Masinter                      3305 College Avenue
> Professor of Law                         Fort Lauderdale, FL 33314
> Nova Southeastern University             954.262.6151 (voice)
> masinter at nova.edu                        954.262.3835 (fax)
>
> Visiting Professor of Law (2008-2009)    305.284.3626 (voice)
> University of Miami Law School           mmasinter at law.miami.edu
> 1311 Miller Drive
> Coral Gables, FL 33146
>
>
> Quoting Douglas Laycock <laycockd at umich.edu>:
>
>>
>>
>> It isn't clear from the story whether this is something Michigan did
>>  wholly on its own, or whether it is a condition of some federal
>> grant although not formally mandated.  If it's a conditional
>> spending program, I would treat the feds as responsible.
>>
>> Michigan appears to have interpreted its own free exercise clause to
>>  mean something like Sherbert-Yoder instead of Smith, although the
>> cases are far from perfectly clear.
>>
>
>> Douglas Laycock
>> Yale Kamisar Collegiate Professor of Law
>> University of Michigan Law School
>> 625 S. State St.
>> Ann Arbor, MI  48109-1215
>>   734-647-9713
>>
>
>
>
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Douglas Laycock
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI  48109-1215
  734-647-9713

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