Franchise Tax Bd. of Cal. v. Hyatt (17-1299)
argument 17-1299Franchise Tax Bd. of Cal. v. Hyatt
Supreme Court of the United States
57 min
5 speakers
8 chapters
transcribed 7 days ago
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Transcript
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Transcript generated automatically by AI and may contain errors.
What is the historical background of state sovereign immunity discussed at the start of the argument?
We'll hear argument this morning in case seventeen twelve ninety nine, franchise tax board of California versus Hyatt. Mr
Waxman. Mr Chief Justice, and may it please the Court. The participants in the ratification debates disagreed about whether the new constitution would or should subject states to suit in the new courts of the soon to be superior sovereign, but they were unanimous in In their understanding that states could not be sued in the courts of other states, Edmund Pendleton, chairing the Virginia Convention, proclaimed the impossibility of calling a sovereign before the jurisdiction of another sovereign, echoing writings and speeches given by Hamilton, Marshall, And Madison, among others, in Chisholm itself. Edmund Randolph.
It's nice that they felt that way. But what we know is they've been put it in the constitution. And so Um we talk a lot now about not relying on legislative history. but relying on the plain text of the Constitution. Could you tell me What there is in our original case the Nevada uh in our original case. that didn't address this argument. and say it wasn't compelling.
So
what is new? from
Um you say the original case, do you mean Nevada versus the Mr. Yes.
What's what what is new in any of the arguments that were raised in Nevada versus Hall that weren't addressed by the court?
Well, as we point out, first of all, what was new. I
know you say it it was wrong. Putting aside the wrongness.
I I want to I want to I'm I'm I'm not going to harp on the wrongness. I think that's relatively clear from our petition and our merit.
Well, I know that's your position, but let's.
I think before I address what the court missed in Nevada versus Hall, I just want to point out that when you say what changed The only thing Nevada versus Hall represents the only case in State or Federal Court in the two hundred years prior that had ever recognized the ability of one State to compel another State to answer. It cited zero cases. And while it isn't new, From the time this court at least the time this court decided Hans versus Louisiana until whatever its most recent Supreme case was on sovereign immunity. It has always stated repeatedly, uniformly, that, as the Court explained in In Alden, state sovereign immunity is demarcated by fundamental postulates implicit in the constitutional design.
It quote Sovereign immunity derives from the structure of the original constitution.
Since most sovereign immunity there's a lot of customary law involving it. But at the essence, and it was this way in the United States for a very long time. Recognising the sovereign immunity of a foreign state was at the discretion of the host state.
So, I think that's a good thing.
the pattern. In the Tate letter it changed it around. Um What do you think in the constitutional design Рефлекс он став із поро. to protect its own citizens. from the actions of another state who might intrude directly. Now we know, because we recently had a case That states can be sued. Were you on that case? I can't remember now. Um I don't know what
you're
talking about. We had a case recently where um there is a question about whether a State can be sued to quiet title in another State. So if one state owns property in another state, it can be hauled into court. to acquire title of that property. So we know that the rule wasn't absolute possibly. Um And so the question I have is where in the constitutional design Do we see And in light of the Uh um Of the constitutional reservation to states of all powers, not designated by the constitution. their will their ability to protect their own citizens in their own states.
Okay. So I'm gonna I'm going to give you what I believe are the textual the the textual basis in the Constitution itself for the implicit plan, the underlying postulate that this Court has recognized for well over 130 years. But let me just address first your point about international com national comedy international comedy under the Law of Nations. It is true. that nations with no superior sovereign and no superi and no mechanism to enforce their
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Chapters
8 chapters
1
What is the historical background of state sovereign immunity discussed at the start of the argument?
0:00–6:09
2
How do the speakers explain the significance of Nevada v. Hall as the only pre‑1900 case recognizing a state’s ability to compel another state?
6:09–14:13
3
What constitutional provisions (e.g., Full Faith and Credit, Eleventh Amendment) are cited to support the doctrine of sovereign immunity?
14:13–21:37
4
Why do the advocates argue that the Constitution’s text and the Framers’ intent create a “one‑for‑one” trade protecting state sovereignty?
21:37–28:56
5
How do the participants address the modern question of whether a state can be sued for torts or property disputes in another state’s courts?
28:56–36:29
6
What role do interstate compacts and the possibility of amending the Constitution play in the debate over state‑to‑state suits?
36:29–44:16
7
How do the Justices evaluate the stare‑decisis doctrine and the need for a compelling reason to overturn Nevada v. Hall?
44:16–50:04
8
What conclusions do the counsel and the Court reach about preserving state sovereign power while providing remedies for injured citizens?
50:04–57:20