home *** CD-ROM | disk | FTP | other *** search
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-1010
- --------
- PUERTO RICO AQUEDUCT and SEWER AUTHOR-
- ITY, PETITIONER v. METCALF & EDDY, INC.
- on writ of certiorari to the united states court
- of appeals for the first circuit
- [January 12, 1993]
-
- Justice Blackmun, concurring.
- I join the Court's opinion but write separately to make
- plain once again my position on one feature. I continue
- to believe that the Court's interpretation of the Eleventh
- Amendment as embodying a broad principle of state
- immunity from suit in federal court -simply cannot be
- reconciled with the federal system envisioned by our Basic
- Document and its Amendments.- Atascadero State Hospi-
- tal v. Scanlon, 473 U. S. 234, 303 (1985) (Blackmun, J.,
- dissenting). Nevertheless, because I believe that the
- Eleventh Amendment does preserve a State's immunity
- from suit in the limited context of an action by a citizen
- of another State or of a foreign country on a state-law
- cause of action brought in federal court, id., at 301
- (Brennan, J., dissenting), a claim of immunity under the
- Eleventh Amendment ought to be appealable immediately.
- Whether the assertion of an Eleventh Amendment claim
- is well founded - a matter not before us in this case, see
- ante, at 2, n. 1 - is a question separate from the ques-
- tion whether the Eleventh Amendment interests are -too
- important to be denied review and too independent of the
- cause itself to require that appellate consideration be
- deferred until the whole case is adjudicated.- Cohen v.
- Beneficial Industrial Loan Corp., 337 U. S. 541, 546
- (1949). Because I believe that the Eleventh Amendment
- does guarantee immunity from suit in a narrow class of
- cases, I concur in the Court's opinion and judgment that,
- regardless of the merits, a district court's denial of a claim
- of immunity under the Eleventh Amendment should be
- appealable immediately. See Sullivan v. Finkelstein,
- 496 U. S. 617, 632 (1990) (opinion concurring in the
- judgment).
-