Supreme Court of the United States, 1977

Schuster v. New York

Schuster v. New York
Supreme Court of the United States · Decided October 17, 1977 · Brennan, Certiorari
434 U.S. 910; 98 S. Ct. 312 (United States Reports)

Schuster v. New York

Dissenting Opinion

Mr. Justice Brennan,

dissenting.

This suit is brought by a New York citizen against New York officials. In that circumstance it is my view that New *911York may not invoke the Eleventh Amendment, since that Amendment in terms bars only federal court suits against States by citizens of other States. Edelman v. Jordan, 415 U. S. 651, 687 (1974) (Brennan, J., dissenting). I would grant the petition and reverse the judgment of the Court of Appeals.

Opinion of the Court

C. A. 2d Cir. Certiorari denied.

Mr. Justice Marshall would grant certiorari.

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