idaho et al coeur tribe idaho et argued october decided june held judgment reversed part case remanded reversed part remanded justice kennedy delivered opinion respectto parts iii concluding tribe suit state officials may proceed federal pp enjoy eleventh amendment immunity suits indian tribes blatchford native village noatak present suit barred unless falls within exception recognized certain suits seeking declaratory injunctive relief state officers individual capacities see ex parte young supra question continuing validity young doctrine acknowledges questions arise proper scope application resolving questions must ensure sovereign immunity doctrine remains meaningful also giving recognition need prevent violations federal law suit commenced officials even named served individuals state continuing interest litigation whenever state policies procedures stake see pennhurst state school hospital halderman pp tribe may avoid eleventh amendment bar avail young exception action support young applicability tribe alleges going violation property rights federal law seeks prospective injunctive relief attempts rely plurality decision florida dept state treasure salvors latter case helpful state officials acting beyond state conferred authority theory tribe even attempt pursue case moreover although request prospective relief allegedly going federal law violation ordinarily sufficient invoke young fiction case unusual tribe suit functional equivalent quiet title implicating special sovereignty interests especially troubling coupled far reaching invasive relief tribe seeks shift substantially benefits ownership control vast areas state tribe thereby entail consequences going well beyond typically present real property quiet title action furthermore requested relief divest state control lands underlying navigable waters historically considered uniquely sovereign lands see utah div state lands title conferred constitution see oregon ex rel state land bd corvallis sand gravel indeed idaho law views interest submerged lands terms particular special circumstances young exception inapplicable dignity andstatus statehood allows idaho rely eleventh amendment immunity insist upon responding claims courts open hear determine case pp kennedy announced judgment delivered opinion respect parts iii rehnquist scalia thomas joined opinion respect parts rehnquist joined filed opinion concurring part concurring judgment scalia thomas joined souter filed dissenting opinion stevens ginsburg breyer joined notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions wash ington typographical formal errors order corrections may made preliminary print goes press idaho et petitioners coeur tribe idaho et al writ certiorari appeals ninth circuit june justice kennedy announced judgment delivered opinion respect parts ii iii opinion respect parts ii ii ii chief justice joins northern region idaho close coeur mountains part bitterroot range lies tranquil lake coeur one nation beautiful lakes miles long miles wide spokane river originates thence flows west lake turn fed rivers streams including coeur river flows east forested saint joe river begins high bitterroots gathers waters along mile journey south lake lies populated part coeur reservation whether coeur tribe ownership extends banks submerged lands lake various rivers streams instead vested state idaho underlying dispute limited however important preliminary question whether eleventh amendment bars federal hearing tribe claim alleging ownership submerged lands bed lake coeur various navigable rivers streams form part water system coeur tribe federally recognized tribe together various individual tribe members sued federal relevant distinction tribe members joined suit purposes issue decide refer tribe coeur reservation consists acres tribal land acres allotted land government owned acres statistical record native north americans raddy ed tribe claimed beneficial interest subject trusteeship beds banks navigable watercourses waters submerged lands within original boundaries coeur reservation defined executive order november executive order november reprinted kappler indian affairs laws treaties area dispute includes banks beds submerged lands lake coeur portions various rivers streams described alternative tribe claimed ownership submerged lands pursuant unextinguished aboriginal title state forum available see idaho code tribe brought action district district idaho suit named state idaho various state agencies numerous state officials individual capacities addition title claims tribe sought declaratory judgment establish entitlement exclusive use occupancy right quiet enjoyment submerged lands well declaration invalidity idaho statutes ordinances regulations customs usages purport regulate authorize use affect way submerged lands finally sought preliminary permanent injunction prohibiting defendants regulating permitting taking action violation tribe rights exclusive use occupancy quiet enjoyment ownership interest submerged lands along award costs attorney fees relief deemed appropriate defendants moved dismiss tribe complaint eleventh amendment immunity grounds failure state claim upon relief granted held eleventh amendment barred claims idaho agencies concluded action officials quiet title declaratory relief barred eleventh amendment claims functional equivalents damages award state dismissed claim injunctive relief officials merits since idaho rightful possession submerged lands matter law explained idaho acquired ownership submerged lands upon statehood equal footing doctrine discuss tribe claim aboriginal title coeur tribe idaho idaho supp idaho ninth circuit affirmed part reversed part remanded agreed district eleventh amendment barred claims state agencies well quiet title action officials appeals found ex parte young doctrine applicable allowed claims declaratory injunctive relief officials proceed insofar sought preclude continuing violations federal law requested declaratory injunctive relief appeals reasoned based uponidaho ongoing interference tribe alleged ownership rights premised executive order later ratified federal statute see act mar ch stat found conceivable tribe prove facts entitling relief reversed district dismissal declaratory injunctive relief claims ordered case remanded also remanded consideration tribe claim declaratory relief based aboriginal title granted certiorari consider whether suit declaratory injunctive relief based tribe purported beneficial interest title may proceed reverse part issuance district opinion filed suit state idaho behalf tribe seeking quiet title approximately third land covered suit idaho idaho filed july government separate suit still pending implicated grant federal judicial power cast terms reach extent article iii constitution provides judicial power shall extend cases enumerates including cases law equity arising constitution laws eleventh amendment employs term extend provides judicial power shall construed extend suit law equity commenced prosecuted one citizens another state citizens subjects foreign state recognition sovereign immunity limited suits described text eleventh amendment respect broader concept immunity implicit constitution regarded eleventh amendment evidencing exemplifying extended state protection suit suits brought state citizens hans louisiana furthermore dignity respect afforded state immunity designed protect placed jeopardy whether suit based diversity jurisdiction consequence suits invoking federal question jurisdiction article iii courts may also barred amendment seminole tribe florida extended criticisms recognition immunity extend suits brought state citizens suits premised federal questions recent last term see slip stevens dissenting slip souter dissenting various dissenting andconcurring opinions urged change direction see atascadero state hospital scanlon brennan dissenting abandon understanding eleventh amendment reflecting broader principle sovereign immunity tribe suit based purported federal property rights might proceed criticisms proposed doctrinal revisions however found acceptance majority adhere precedent well established principles coeur tribe fortiori members subject eleventh amendment blatchford native village noatak rejected contention sovereign immunity restricts suits individuals sovereigns sovereigns sovereigns since plan convention surrender indian tribes immunity benefit reasoned likewise surrender immunity benefit tribes indian tribes therefore concluded accorded status foreign sovereigns enjoy eleventh amendment immunity tribe suit accordingly barred idaho eleventh amendment immunity unless falls within exception recognized certain suits seeking declaratory injunctive relief state officers individual capacities see ex parte young young exception sovereign immunity important part jurisprudence adhered precedents face criticisms mentioned overruling pennsylvania union gas held congress exercise power regulate commerce indian tribes may abrogate state sovereign immunity seminoletribe supra slip question continuing validity ex parte young doctrine course questions arise proper scope application resolving questions must ensure doctrine sovereign immunity remains meaningful also giving recognition need prevent violations federal law suit commenced state officials even named served individuals state continuing interest litigation whenever state policies procedures stake commonsense observation state real interest officers named individuals escaped notice comment either young see osborn bank wheat stating state interest suit direct perhaps decree pronounced cause state marshall pennhurst state school hospital halderman noting young rests fictional distinction official state see also florida dept state treasure salvors opinion stevens recognizing irony state official conduct may considered state action fourteenth amendment purposes yet purposes eleventh amendment indeed suit young sought enjoin state attorney general enforcing state law implicated substantial state interests manifest indeed avowed admitted object seeking requested relief tie hands state harlan dissenting agree observations interpret young permit federal action proceed every case prospective declaratory injunctive relief sought officer named inhis individual capacity adhere empty formalism undermine principle reaffirmed last term seminole tribe eleventh amendment immunity represents real limitation federal federal question jurisdiction real interests served eleventh amendment sacrificed elementary mechanics captions pleading application young exception must reflect proper understanding role federal system respect state courts instead reflexive reliance obvious fiction see pennhurst supra explaining edelman limitation young prospective relief represented refusal apply fiction every conceivable circumstance putting aside acts state officials plainly ultra vires state law see pennhurst supra general two instances young applied first state forum available vindicate federal interests thereby placing upon article iii courts special obligation ensure supremacy federal statutory constitutional law important application ex parte young doctrine exemplified facts young see necessary effect result challenged legislation must preclude resort courts either state federal purpose testing validity well known ultimate question young whether state attorney general enforce state rate setting scheme said objecting shareholders railroad companies unconstitutional shareholders sought federal injunction attorney general young prohibiting enforcement rate scheme attempting show lack necessityfor federal intervention young maintained shareholders wait state enforcement proceeding brought railroads test law validity raising constitutional defenses rejected argument first single violation might bring prompt prosecution second penalties violations severe railroad official test law without grave risk heavy fines imprisonment added federal suit injunctive relief undoubtedly convenient comprehensive orderly way rights parties properly fairly adequately passed upon available state forum young rule special significance instance providing federal forum justiciable controversy specific application principle plan convention contemplates regime federal guarantees enforceable long justiciable controversy federalist rossiter ed hamilton always constitutional method giving efficacy constitutional provisions course express opinion circumstances unavailability injunctive relief state raise constitutional concerns current doctrine young isolated example instance state forum unavailable see osborn supra explaining within power plaintiff make state party suit certainly true suit state officials barred real principal exempt judicial process officer suit proceed lee permitting suit injunctive relief proceed otherwise exist legal remedy allegedtrespass poindexter greenhow explaining statelaw remedy virginia unconstitutional refusal accept bond coupons satisfaction state taxes fact remedy early cases although expressing concern lack forum rely lack forum doctrinal basis abandonment osborn rule suit state long state party record see governor georgia madrazo pet young fiction employed act complained considered apart official authority alleged justification personal act individual defendant constituted violation right plaintiff entitled remedy law equity wrongdoer individual character ayers words individual liable common law actions sovereign immunity bar regardless person official position see lee supra common law tort trespass belknap schild common law tort patent infringement tindal wesley common law tort trespass scully bird common law tort injuring plaintiff reputation sale certain products line reasoning state official committed common law tort said stripped official representative character see young supra growth statutory complex regulatory schemes mode analysis might somewhat obscured part significance young respect lies treatment threatened suit official enforce unconstitutional state law common law tort see treatingthis possibility specific wrong trespass difference actual direct interference tangible property enjoining state officers enforcing unconstitutional act radical nature treatment threatened suit enforce unconstitutional statute tort found support reagan farmers loan trust smyth ames see currie sovereign immunity suits government officers sup rev employing common law injury framework young underscored inadequacy state procedures vindicating constitutional rights stake enforcement scheme young raised obstacles vindication constitutional claims unusual see willcox consolidated gas discussing enormous overwhelming penalties violating challenged statutes western union telegraph andrews penalties violation challenged statute included fine herndon chicago penalties violating challenged statute short time amount many thousands dollars oklahoma operating love penalties violations might well deter even boldest confident many situations cited cases exercise federal equitable jurisdiction necessary avoid excessive oppressive penalties possibility multiplicity suits causing irreparable damage lack proper opportunities state review warren federal state interference harv rev reluctance place much reliance availability state forum understood part theprevalence idea state consented suit state forum consented act suit federal forum see davis gray wall reagan farmers loan trust supra today contrast acknowledged real vital interests preferring forum suits brought interests disregarded based upon waiver presumed law contrary fact see edelman jordan case neither warrant necessity adopt young device provide adequate judicial forum resolving dispute tribe state idaho courts open hear case state neither claims immunity process binding judgment even prompt effective remedy state forum second instance young may serve important interest case calls interpretation federal law reasoning described interest federal rights vindicated federal courts lead expansive application young exception see green mansour explaining young furthers federal interest vindicating federal law pennhurst young doctrine accepted necessary permit federal courts vindicate federal rights citation omitted difficult say consented types suits plan convention neither theory practice shown problematic federal claims resolved state courts eleventh amendment immunity applicable federal exception based young purposes supremacy clause simply irrelevant whether theclaim brought state federal federal courts general federal question jurisdiction assuming availability state forum authority procedures adequate effective vindication federal law due process concerns implicated state tribunals resolve federal question cases cases true federal courts play indispensable role maintaining structural integrity constitutional design federal forum assures peaceful resolution disputes south dakota north carolina suits initiated texas assume special role article iii courts interpretation application federal law instances well reason conclude state courts less adequate forum resolving federal questions doctrine based inherent inadequacy state forums run counter basic principles federalism stone powell expressed emphatic reaffirmation constitutional obligation state courts uphold federal law expression confidence ability allen mccurry interpretation federal law proprietary concern state well federal courts right duty within judiciaries interpret follow constitution laws enacted pursuant subject litigant right review proper case constitution laws body law external acknowledged enforced simply matter comity constitution basic law nation law state ties less intimate national government separate government bound common cause preserving whole constitutional order federal state law together form one system jurisprudence claflin houseman error coupled irony bypass eleventh amendment enacts scheme solicitous sole rationale state courts inadequate enforce interpret federal rights every case principal concern system state define maintain proper balance state courts one hand officials administrative agencies vital concern idaho state attorney general explained verywhere citizen turns apply life sustaining public benefit obtain license respond complaint administrative law governs way contact state government carried echohawk introduction administrative procedure act issue idaho rev ongoing process state courts state agencies work elaborate administrative law designed reflect state rules traditions concerning respective scope judicial review administrative discretion important case instant one features instruct enrich elaboration administrative law one primary responsibilities state judiciary parties invoke federal principles challenge state administrative action courts state strong interest integrating sources law within system proper judicial control state officials precedents teach us nevertheless prospective relief sought individual state officers federal forum based federal right eleventh amendment cases bar see willcox indeed since edelman consistently allowed suits seeking prospective injunctive relief based federal violations proceed last term however allow suit raising federal question proceed based congress provision alternative review mechanism whether presumption favor federal jurisdiction type case controlling depend upon particular context really stake state forum available desire litigant choose particular forum versus desire state dispute resolved courts eleventh amendment background principles federalism comity need ignored resolving conflicting preferences young exception may applicable suit upset balance federal state interests embodies papasan allain exception tailored conform precisely possible specific situations necessary permit federal courts vindicate federal rights ibid citation internal quotation marks omitted see also pennhurst course case law indicates wisdom necessity considering determining applicability eleventh amendment real affront state allowing suit proceed explained ford motor department treasury nature suit one state determined essential nature effect proceeding held action essence one recovery money state state real substantial party interest entitled invoke sovereign immunity suit even though individual officials arenominal defendants ibid ayers cited approval young stated conclusive principal question case state named party defendant whether actual party sense prohibition constitution must determined consideration nature case presented whole record see also ex parte new york young applicability determined mere names titular parties essential nature effect proceeding appears entire record course state interests almost always implicated certain extent young actions statements cite reflect recognition need promote supremacy federal law must accommodated constitutional immunity pennhurst supra recent cases illustrate careful balancing accommodation state interests determining whether young exception applies given case edelman jordan relief granted federal district required state officials release remit federal benefits district order might served goal deterrence well compensation concluded suit barred eleventh amendment necessary vindication federal rights reaching conclusion explained must judge award actually made case one might differently tailored different case need edelman consider relief granted district prospectively enjoining state officials failing abide federal requirements since concededthat young sufficient purpose second time edelman litigation came quern jordan made point saying relief sought pursuant young action notice simply inform ing class members federal suit end federal provide relief existing state administrative procedures petitioner raises objection expense preparing sending class members given gathered sitting courtroom citation internal quotation marks omitted milliken bradley consistent approach although authorizing relief undeniably substantial effect state milliken obviate need careful consideration suit impact milliken concerned young suit various michigan officials resulting district order requiring state along detroit school board pay comprehensive education program school children subjected past acts de jure segregation gravamen complaint ultimate purpose vindicate plaintiffs civil liberties establish ownership state resources funds milliken lawsuit resulting order direct result state official acts racial discrimination committed detroit school board state michigan violation fourteenth amendment congress pursuant remedial powers fourteenth amendment may abrogate sovereign immunity even resulting legislation goes beyond constitutionally necessary see fitzpatrick bitzer concluding title vii authorization federal jurisdiction award money damages state government individuals subjectedto employment discrimination violate eleventh amendment since congress exercising remedial powers follows substantive provisions fourteenth amendment offer powerful reason provide federal forum milliken similar reasons rejected tenth amendment challenge order short theme thus emerges recent young cases one balancing state federal interests pennsylvania union gas stevens concurring case case approach young doctrine evident start larson domestic foreign commerce federal sovereign immunity case allowed suits proceed explained official committed tort defined common law larson rejected reliance common law torts see importance case case analysis recognized seminole tribe holding young exception inapplicable suit based federal law relied schweiker chilicky chilicky turn addressed whether bivens type action right action stemming constitution see bivens six unknown fed narcotics agents applied suit alleging due process violations denial social security disability benefits bivens action unavailable chilicky held given particular circumstances present case seminole tribe implicit analogy young bivens instructive young bivens lines cases reflect sensitivity varying contexts courts consider whether special factors counselling hesitation allowing suit proceed either theory range concerns considered answering inquiry broad see harlan concurring one disputes young fiction exercise line drawing reason line drawn reflect real interests consistent clarity certainty appropriate eleventh amendment jurisdictional inquiry turn consider whether tribe may avoid eleventh amendment bar avail young exception although difference type relief barred eleventh amendment permitted ex parte young many instances day night edelman suit decide falls eleventh amendment side line idaho sovereign immunity controls tribe alleged going violation property rights contravention federal law seeks prospective injunctive relief tribe argues therefore able avail ex parte young fiction moreover tribe points plurality decision florida dept state treasure salvors opinion stevens allowed federal district issue warrant commanding state officials turn various artifacts mainly treasure sunken spanish galleon marshal despite state claim sovereign immunity allegation going violation federal law requested relief prospective ordinarily sufficient invoke young fiction however case unusual tribe suit functional equivalent quiet title action implicates special sovereignty interests think treasure salvors supra helpful tribe state officials acting beyond authority conferred uponthem state theory tribe even attempt pursue case us must examine effect tribe suit impact special sovereignty interests order decide whether ex parte young fiction applicable common ground parties stage litigation tribe maintain quiet title suit idaho federal absent state consent eleventh amendment bar tindal despite prohibition declaratory injunctive relief tribe seeks close functional equivalent quiet title substantially benefits ownership control shift state tribe especially troubling coupled far reaching invasive relief tribe seeks relief consequences going well beyond typical stakes real property quiet title action suit seeks effect determination lands question even within regulatory jurisdiction state requested injunctive relief bar state principal officers exercising governmental powers authority disputed lands waters suit diminish even extinguish state control vast reach lands waters long deemed state integral part territory pass judgment causing little offense idaho sovereign authority standing union ignore realities relief tribe demands contention state implicated suit manner immediate effect jurisdictional control important public lands belied complaint state officials named defendants members board land commissioners save director higginson include governor cecil andrus chairman board andtrustee public water right lake coeur pursuant idaho code pete cenarrusa secretary state larry echohawk attorney general jerry evans superintendent public instruction williams auditor keith higginson director department water resources power regulate control use disposition public lands including beds navigable lakes rivers streams vested board land commissioners idaho art ix supp idaho code supp relief block attempts officials exercise jurisdiction substantial portion land also divest state sovereign control submerged lands lands unique status law infused public trust state bound respect stressed utah div state lands lands underlying navigable waters historically considered sovereign lands state ownership considered essential attribute sovereignty early date acknowledged people thirteen colonies time independence became sovereign character hold absolute right navigable waters soils common use subject rights since surrendered constitution general government martin lessee waddell pet lessee pollard hagan concluded entering union equal footing original similar ownership sovereign lands consequence rule state title sovereign lands arises equal footing doctrine conferred congress constitutionitself oregon ex rel state land bd corvallis sand gravel importance lands state sovereignty explains longstanding commitment principle presumed held navigable waters acquired territory ultimate benefit future disposals territorial period lightly inferred regarded intended unless intention definitely declared otherwise made plain holt state bank principle underlies equal footing doctrine strong presumption state ownership navigable waters uniquely implicate sovereign interests principle arises ancient doctrines see institutes justinian lib ii tit cooper transl ed rivers ports public hence right fishing port rivers common special treatment navigable waters english law recognized bracton time stated rivers ports public right fish therein common persons use river banks river also public bracton de legibus et consuetudinibus angliae thorne trans magna carta provided crown remove fish weirs thames medway throughout england except sea coast evans jack sources english legal constitutional history see also waddell supra tracing tidelands trusteeship back magna carta shively bowlby summarizing english common law stated england time lord hale treated settled title soil sea arms sea ordinary highwater mark king except far individual corporation acquired rights express grant prescription usage title jus privatum whether king subject held subject public right jus publicum navigation fishing american law ways enhanced extended public aspects submerged lands english law made distinction waterways subject ebb flow tide large enough accommodate boats royal rivers nontidal waterways public highways respect royal rivers king presumed hold title river bed soil public retained right passage right fish public highways name suggests thepublic retained right passage title typically held private party see angell treatise common law relation water courses riparian proprietor presumed hold title stream center thread waters usque ad filum aquae accorded exclusive right fishery stream entitled compensation impairment right enjoyment property caused construction state obligation pay compensation result substantial liability shrunk schuylkill serg rawle state courts however early pennsylvania south carolina alabama north carolina rejected distinction concluded state presumptively held title regardless whether waterway subject ebb flow tide see carson blazer binn cates wadlington mccord bullock wilson port collins benbury iredell see hooker cummings johns describing concept sovereign lands rejected requirement navigable waters need affected tides barney keokuk cf propeller genesse chief fitzhugh american law moreover recognize sovereign rights private property jus privatum existed england apart public rights land jus publicum england instance crown exclusive right hunt grand fishes whales sturgeons sea angell treatise right property tide waters soils shores thereof particular aversion recognizing crown jus privatum right seize private structures shores marshes reclaimed tidewaters see gould treatise law waters including riparian rights public private rights waters tidal inland ed developments american law natural outgrowth perceived public character submerged lands perception underlies informs principle lands tied unique way sovereignty idaho views interest submerged lands similar terms idaho law provides water essential industrial prosperity state agricultural development control shall state providing use shall equally guard various interests involved waters state flowing natural channels declared property state idaho code title public waters held state idaho sovereign capacity purpose ensuring used public benefit poole olaveson idaho specific statutory provisions concerning lake coeur lake held trust governor people state idaho preservation lake coeur scenic beauty health recreation transportation commercial purposes necessary desirable inhabitants state hereby declared beneficial use water idaho code lands belonging state idaho ordinary high low water mark lake coeur hereby declared devoted public use connection preservation said lak present condition health resort recreation place inhabitants state idaho code supp recitation ties submerged lands state sovereignty severance diminishment state sovereignty declaratory injunctive relief granted inderogation tribe claim tribe views case lands necessary perhaps even dignity ancient right question us merit either party claim however relation sovereign lands issue immunity state asserts apparent tribe prevail idaho sovereign interest lands waters affected degree fully intrusive almost conceivable retroactive levy upon funds treasury particular special circumstances find young exception inapplicable dignity status statehood allows idaho rely eleventh amendment immunity insist upon responding claims courts open hear determine case judgment appeals reversed part case remanded proceedings consistent opinion ordered idaho et petitioners coeur tribe idaho et al writ certiorari appeals ninth circuit june justice justice scalia justice thomas join concurring part concurring judgment coeur tribe idaho seeks declaratory injunctive relief precluding idaho officials regulating interfering possession submerged lands beneath lake coeur invoking doctrine ex parte young tribe argues eleventh amendment bar pursuing claims state officials federal agree tribe claim go forward federal young held federal jurisdiction suit state officer enjoin official actions violate federal law even state immune suit eleventh amendment young doctrine recognizes state official violates federal law stripped official representative character may personally liable conduct state cloak officer sovereign immunity young supra plaintiff seeks prospective relief end state officer ongoing violation federal law claim ordinarily proceed federal milliken bradley doctrine however without limitations federal award retrospective relief designed remedy past violations federal law see edelman jordan green mansour case unlike typical young action two important respects first tribe concedes suit functional equivalent action quiet title bed lake coeur asks federal declare lands exclusive use occupancy enjoyment tribe invalidate statutes ordinances purporting regulate lands tribe maintain quiet title action federal without state consent good reason federal summon state private action seeking divest state property interest florida dept state treasure salvors plurality opinion see ford motor department treasury second tribe merely seek possess land otherwise remain subject state regulation bring state regulatory scheme compliance federal law rather tribe seeks eliminate altogether state regulatory power submerged lands issue establish state right possess property also property within idaho sovereign jurisdiction repeatedly emphasized importance submerged lands state sovereignty control lands critical state ability regulate use navigable waters utah div state lands tribe claim federal jurisdiction rests heavily cases view control first treasure salvors plurality concluded federal issue warrant commandingflorida officials release certain artifacts suit effect suit state fact suit permitted proceed treasure salvors advance inquiry plurality conclusion suit state based view state officials lacked colorable basis state law claiming rightful possession artifacts put another way plurality treasure salvors permitted suit proceed plaintiff claim title arguably rested federal law see post souter dissenting state officials acting beyond authority conferred state quite apart whether conduct also violated federal law tribe pursue theory treasure salvors provides little guidance addition whether ultimate holding treasure salvors suit proceed remains sound theory plaintiff identified federal law basis claim title see post souter dissenting reasoning explicitly offered treasure salvors plurality narrowed subsequent decision pennhurst state school hospital halderman plaintiff invoke young doctrine based solely alleged violation state law see second tribe invokes series cases plaintiffs successfully pursued federal claims federal state officials wrongfully possessed certain real property see lee tindal wesley lee tindal made clear suits proceed officials judgment bind state possible found distinguish possession property title property see lee supra tindal supra find officials right remain possession thus conveying incidents ownership plaintiff formally divesting state title noted however case concern ownership possession ordinary parcel real property state officials found right possess disputed parcel land state nevertheless retains authority regulate uses land tribe seeks declaration state bed lake coeur also lands within state sovereign jurisdiction whatever distinction drawn possession ownership real property contexts possible make distinction submerged lands reason lee tindal analogous cases control view ruling tribe favor practical effect indistinguishable order granting tribe title submerged lands young exception eleventh amendment bar properly invoked therefore agree tribe suit must dismissed believe principal opinion flawed several respects concluding tribe suit proceed principal opinion reasons federal courts determining whether exercise jurisdiction suit state officer must engage case specific analysis number concerns including whether state forum available hear dispute particular federal right suit implicates whether special factors counse hesitation exercise jurisdiction ante internal quotation marks omitted approach unnecessarily recharacterizes narrows much young jurisprudence parties briefed whether shift young doctrine warranted view principal opinion begins examining early young cases concludes found exercise federal jurisdiction proper cases principally state forum available vindicate plaintiff claim state officers violating federal law ante principal opinion cites single case expressly relied absence available state forum rationale applying young instead principal opinion invokes language opinions suggesting plaintiff secure adequate remedy law state forum see young osborn bank wheat lee supra inadequacy legal remedy prerequisite equitable relief case pronounced state legal remedies inadequate permitting suit proceed unsurprising sufficient basis principal opinion broad conclusion early young cases fail rely absence state forum basis jurisdiction also permitted federal actions proceed even though state forum open hear plaintiff claims fact young relied two cases reagan farmers loan trust smyth ames see reagan smyth like young involved challenges state enforcement railroad rates case permitted federal suit proceed part state statutes authorized state challenges rates young made clear however fact waived immunity courts sole basis permitting federal suit proceed discussing reagan young stated held language authorizing suit state permitted suit federal also held irrespective consent suit effect suit state although attorney general enjoined therefore prohibited eleventh mendment grounds effective equal force emphasis added similarly young emphasized decision smyth based solely state statute authorizing suit state rather based conclusion suit suit state event principal opinion ultimately concedes recent cases young applied ven prompt effective remedy state forum ante plaintiff seeks prospective relief end ongoing violation federal rights ordinarily eleventh amendment poses bar milliken yet principal opinion unnecessarily questions basic principle federal law finding difficult say consented types suits plan convention purposes supremacy clause simply irrelevant whether claim brought state federal ante frequently acknowledged importance federal courts open enforce interpret federal rights see green mansour availability prospective relief sort awarded ex parte young gives life supremacy clause remedies designed end continuing violation federal law necessary vindicate federal interest assuring supremacy law pennhurst young doctrine accepted necessary permit federal courts vindicate federal rights hold state officials responsible authority decisions repeatedly emphasized young doctrinerests need promote vindication federal rights citations internal quotation marks omitted need call question importance federal courts interpret federal rights particularly means serving federal interest uniformity decide case acknowledging interpretive function federal courts suggest state courts inadequate apply federal law casting doubt upon importance federal courts interpret federal law principal opinion lays groundwork central conclusion case case balancing approach appropriate plaintiff invokes young exception eleventh amendment jurisdictional bar even complaint clearly alleges violation federal law clearly seeks prospective relief principal opinion characterizes modern young cases fitting case case model ante true decided series cases scope young doctrine cases reflect principal opinion approach rather establish young suit available plaintiff alleges ongoing violation federal law relief sought prospective rather retrospective compare milliken supra green supra eleventh amendment bars notice relief plaintiffs alleged ongoing violation federal law pennhurst supra eleventh amendment bars suit alleging violation state rather federal law edelman eleventh amendment bars relief past violation federal law principal opinion properly notes found relief awarded lower edelman order requiring state officials release remit federal benefits barred eleventh amendment ante see edelman supra consider thepropriety relief awarded injunction requiring state officials abide federal requirements state conceded relief proper young ante principal opinion appears suggest found relief improper absence concession surely state conceded point law well established indeed edelman consistently cited proposition prospective injunctive relief available young suit see milliken supra similarly focusing statement quern jordan state officials object preparing sending notice class members possible remedies state administrative procedures ante principal opinion implies upheld prospective relief granted relief particularly invasive question quern whether notice relief like prospective relief allowed typical young suits like retrospective relief disallowed edelman quern permitted relief stand inconsequential adjudged prospective finally principal opinion explains decision milliken upheld order requiring state pay comprehensive education children subjected segregation focusing fact federal interests implicated claim case particularly strong ante however upheld relief complaint sought vindicate civil liberties remedy prospective rather retrospective case law simply support proposition federal courts must evaluate importance federal right stake permitting officer suit proceed agree principal opinion attempt import inquiry employed bivens six unknown fed narcotics agents young jurisprudence ante bivens context issue whether implied remedy money damages exists suit federal official constitutional violation declined recognize remedy identified special factors counselling hesitation likening young actions bivens actions principal opinion places great weight single citation opinion last term seminole tribe florida relying schweiker chilicky noted congress created remedial scheme enforcement federal right may supplement scheme suit federal officer judicially created remedy reasoned general principle apply young cases congress prescribes detailed remedial scheme enforcement statutory right lift eleventh amendment bar apply full remedial powers suit officer manner inconsistent legislative scheme single citation bivens case seminole tribe means establishes case case balancing approach young doctrine appropriate consistent jurisprudence sum principal opinion replaces straightforward inquiry whether complaint alleges ongoing violation federal law seeks relief properly characterized prospective vague balancing test purports account broad range unspecified factors ante applying approach principal opinion relies characteristics case distinguish cases whichthe young doctrine properly invoked fact complaint names numerous public officials fact state continuing interest litigation officials ante factors supply basis deciding case every young suit names public officials never doubted importance state interests cases falling squarely within past interpretations young doctrine subscribe principal opinion reformulation appropriate jurisdictional inquiry cases plaintiff invokes young doctrine nevertheless agree reaches correct conclusion young doctrine rests premise suit state official enjoin ongoing violation federal law suit state plaintiff seeks divest state regulatory power submerged lands effect invoke federal jurisdiction quiet title sovereign lands simply said suit suit state narrow young doctrine extend reach case accordingly join parts iii opinion idaho et petitioners coeur tribe idaho et al writ certiorari appeals ninth circuit june justice souter justice stevens justice ginsburg justice breyer join dissenting congress implemented constitution grant federal question jurisdiction authorizing federal courts enforce rights arising constitution federal law federal courts obligation exercise jurisdiction applied doctrine ex parte young absence congressional limitation federal may entertain individual suit enjoin state officer official action violates federal law coeur tribe idaho claims officers state idaho acting regulate land belongs tribe federal law tribe prays declaratory injunctive relief halt regulation ongoing violation law tribe suit falls squarely within young doctrine district obligation hear response today however deny obligation principal opinion redefinethe doctrine rule recognizing federal jurisdiction enjoin state officers violating federal law principle equitable discretion much odds young result foundational doctrine young rests justice charts limited course wisely rejects lead opinion call federal jurisdiction contingent case case balancing sets forth rule denying jurisdiction eleventh amendment grounds tribe suit said indistinguishable one quiet title submerged lands leave state without possession lands without present opportunity regulate state law tribe suit however less state claims brought prior cases applying young state regulatory authority imposed upon state authority young reason great satisfaction justice view controlling one still true effect two opinions redefine reduce substance federal subject matter jurisdiction vindicate federal rights indeed substance form stake case comes heels last term fundamentally erroneous decision seminole tribe florida consequently individual indian tribe may enter federal obtain relief state officers violating federally derived property rights private plaintiff simply may seek relief federal forum respectfully dissent seminole tribe declared ex parte young inapplicable case inferred congress meant leave avenue relief opento claiming federal rights statute consideration see seminole tribe supra slip left basic tenets ex parte young untouched however see seminole tribe supra slip nn congress remained free remove bar invocation young even successive suit petitioners seminole tribe congress displaced young doctrine federal jurisdiction individual action state officers long two conditions met plaintiff must allege officers acting violation federal law see pennhurst state school hospital halderman must seek prospective relief address ongoing violation compensation retrospective relief violations past see green mansour quern jordan edelman jordan tribe claim satisfies condition sources federal law invoked tribe go back november president grant issued executive order establishing reservation idaho territory coeur tribe see kappler indian affairs laws treaties tribe claims executive order later ratified congress see act mar ch stat gave beneficial interest subject trusteeship beds banks navigable water within reservation including submerged land lake coeur see complaint complaining regulatory actions petitioner state officers violate tribe right exclusive use occupancy submerged lands tribe thus claims acting violation controlling federal legal authority since federal authority happens necessary valid regulation lake coeur submerged lands navigable waters tribe effect claims petitioners acting ultra vires matter federal law petitioners join issue point alleging submerged lands conveyed executive order ratification instead passed idaho equal footing doctrine idaho became state brief petitioners petitioners members state board land commissioners claim implementing law idaho regulating submerged lands waters lake coeur recreational area health resort see idaho code supp supp agree tribe title submerged lands controlled federal law see brief petitioners tribe asked district enjoin state officers taking actions enforcing state statutes ordinances regulations customs usages cause tribe members deprived rights privileges exclusive use occupancy beds banks navigablewater courses waters within coeur reservation boundaries complaint perfect example suit relief cognizable ex parte young young described officials act basis jurisdiction found case simply illegal act upon part state official attempting use name state enforce legislative enactment void unconstitutional state power impart immunity responsibility authority ex parte young later cases made clear state official act also ultra vires purposes young doctrine violates valid federal law see larson domestic foreign commerce illegal act amounting ultra vires action course tribe claims case sure differs young two respects neither affects tribe jurisdictional position first tribe claim federal law side rests upon combined executive congressional action national constitution tribe right national government conveyed submerged lands tribe prior idaho admission statehood officials action devoid valid basis acts found void unconstitutionality young see florida dept state treasure salvors opinion stevens officer suit may proceed state officers acting violation federal statutory law see also larson supra second difference young case turns federal law governing passage title property government assumption title property different assumption stateauthority may ultimately turn claim involves title thus irrelevant young never treated otherwise title claim never displaced young render state officials immune suit rival claimant see treasure salvors supra long young even decided lee held federal officers subject possessory action land claimed basis federal law since purposes young idaho officials claiming title federal law posture officers lee appropriate analysis one exemplified case see also tindal wesley doubted question whether particular suit one state within meaning constitution must depend upon principles determine whether particular suit one lee held federal jurisdiction ejectment suit brought general lee son oust federal officers property seized alleged nonpayment taxes held order secretary war defending officials claimed absolute immunity judicial inquiry every one asserts authority executive branch government however clear may made executive possessed power lee supra emphasis original lost rejected proposition possession property federal officers behalf sufficed immunize officers possessory action brought private citizen seen today deciding claim officials involved acting wholly without authority matter constitutional law since barred dealing property government failure pay compensation required fifth amendment see larson supra lee thus illustrates issue property title different legal constitutional matter may resolved deciding whether officer immune government acting beyond authority amenable suit without necessarily implicating government see treasure salvors supra opinion stevens like case involving state officials reliance federal law see also tindal supra indeed decisions held assumed far back time chief justice marshall statement peters cranch certainly never alleged mere suggestion title state property possession individual must arrest proceedings prevent looking suggestion examining validity title contrary rule lee later explained sanctio tyranny existence monarchies europe government claim well regulated liberty protection personal rights lee supra thus chief justice foresee governmental officials less amenable suit relying government claim property title decision today turned envious eyes old monarchs toward idaho second condition applying young relief prospective retrospective bar future violations federal law recompense past mistakes see edelman present complaint asks relief seeking enjoin state sport recreational regulation water covering lands asks damages past infringement tribal interest asserted accounting fees previously collected state course regulatory oversight course significant consequences state tribe prevail merits true whenever young applies young state left unable enforce statutory railroad rate regulation collect penalties violators young doctrine held apply even compliance defendant officials create charge state treasury relief cease forward looking suit transformed one state long burden upon state merely necessary consequence officers compliance future substantive federal question determination edelman supra see also quern jordan federal consistent eleventh amendment may enjoin state officials conform future conduct requirements federal law even though injunction may ancillary effect state treasury however burdensome may state officers ordered stop violating federal law cost future compliance federal law character counts see quern supra milliken bradley edelman supra case course state identified charge funds might comparable cost compliance approved edelman consequence success tribe might ultimately simply end regulatory regime including fee income federal law show officers lack authority maintain state behalf straightforward analysis thus shows precedent confirms already seen since thetime young well long consistently held public officer assertion property title name government immune suit defeat federal jurisdiction individual suit rid interference property rights claims see treasure salvors opinion stevens tindal stanley schwalby lee parity reasoning course drawn jurisdictional line short ultimately quieting title run directly state putative title holder officers limiting affected government subsequent quiet title action judgment effect plaintiff defendants former entitled possession property question latter shown valid authority withhold possession plaintiff tindal supra see also lee supra dissatisfied federal interpretation federal law suit officers state may subsequently bring action may appropriate establish protect whatever claim premises dispute tindal supra lee supra government always liberty notwithstanding judgment avail remedies law allows every person natural artificial vindication assertion ofits rights see also treasure salvors supra opinion stevens course right state always official lost young suit whatever particular subject sum tribe seeks damages restitution compensate state exercise authority land ask rescission past transfer property says state officers continuing regulation committing ongoing violation federal law may halted injunction state officers tribe prove claims establish precisely type continuing violation remedy may permissibly fashioned young papasan allain first two points common opinions displacing ex parte young case pierces young distinction state officer relief sought indistinguishable practice decree quieting title see ante tribe suit functional equivalent quiet title implicates special sovereignty interests relief sought close functional equivalent quiet title ante opinion suit functional equivalent action quiet title argument point begin render erroneous holdings treasure salvors example lee interpreted larson cases individual plaintiffs success state officers aspersionon government claim title consideration alternatives shows aspersion rightly accepted fair price pay jurisdiction consider individual claims federal right two title cases accepted generally one alternative settling matter title compelling state appear federal question suit barred eleventh amendment doctrine see seminole tribe slip alabama pugh chandler dix leaving individual powerless seek federal remedy violation federal right deplete federal judicial power point framers possibly intended given history officer liability riding tandem sovereign immunity extending back middle ages see jaffe suits governments officers sovereign immunity harv rev erlich xii proceedings crown pp oxford studies social legal history vinogradoff ed holdings treasure salvors lee like holding obtain represent line drawn short extreme may curse formalistic may line cursed must drawn somewhere unacceptable extremes title cases cited suit state ultimately settle title choosing litigate disputed title cases course state may choose forum though instance need permission see supra note previously explained fact required consent suit indian tribe nothing doctrinal basis young hardly inequity viewed historically see infra line fair via media extremes equally significant finally officer suit implicating title less functional equivalent action government young suit functionally barred imposing railroad rate found unconstitutional enforced state officer functionally barred withholding welfare benefits officers violated federal law timely payment functionally barred locking prisoners wardens told release nothing unique consequences officer suit involving title reasoning good title case good young case second joint reason commands majority turns fact something mere title affected tribe prevail principal opinion puts suit seeks effect determination lands question even within regulatory jurisdiction state ante state ownership submerged lands uniquely implicate sovereign interests ante injunction sought tribe unusual effect state dignity status ante reason justice gives concluding lee tindal controlling see ante opinion points lee tindal involved claims land remained subject state regulation even government officers held lack possessory authority tribe prevail regulatory power retained given submerged lands longer within idaho sovereign jurisdiction ante opinion point doubt correct bearingon young application case relevant enquiry noted whether state officers exercising ultra vires authority disputed submerged lands federal may enjoin actions even though ruling place land beyond idaho regulatory jurisdiction accordingly deny state officers regulatory authority idaho indisputably significant sovereign interest regulating submerged lands see utah div state lands legitimate sovereign interest regulating submerged lands located outside state borders indeed doubt claims implicating state regulatory jurisdiction much subject young cases contesting possession property facts ex parte young suffice place doubt rest young suit enjoin state attorney general enforcing state statute regulating railroad rates threatening violators heavy sanctions one difficulty imagining state activity central state sovereignty economic regulation expressive governmental character provision heavy fines state obliged choose power regulate lake lake bed indian reservation power regulate economic affairs punish offenders knowing nothing choose lake implications regulatory jurisdiction therefore nothing displace ex parte young remaining points exception understand confined principal opinion opinion suggests line officer state may dissolved jurisdictional purposes state officials acting accordancewith state law administration disputed land state law purports authorize acts complained unauthorized purposes discerning line officials state eleventh amendment ante compliance state law authority defense young suit however precious young suits state law compliance fact characteristic circumstance cases maintained young see edelman brought defendant officials mavericks state law state law claimed violate federal law made controlling supremacy clause young accordingly made clear start federal question suit state official action violation valid federal law necessarily beyond scope official authority thus rendering official individual eleventh amendment purposes thus obviating encroachment state immunity ex parte young see also pennhurst quern scheuer rhodes noting since young settled eleventh amendment provides shield state official confronted claim deprived another federal right color state law case indeed allusion conformity state law doubly misplaced common ground state law irrelevant federal law combined executive congressional action vested title submerged lands tribe party claiming federal law issue whether regulatory action state officials authorized ultra vires judged federal law jurisdictional question posed words suit federalofficer larson case essentially like treasure salvors outcome turned directly title federal law principal opinion next reason displacing young rests view declaratory injunctive relief tribe seeks functionally equivalent money judgment thus amount impermissibly retrospective remedy tribe prevail idaho sovereign interest lands waters affected degree fully intrusive almost conceivable retroactive levy upon funds treasury ante principal opinion assumption words intrusiveness retrospectivity equation false customary language usage antithetical extant eleventh amendment doctrine probably every case decided ex parte young including original exercise young jurisdiction vindicating individual federal rights necessarily intrusive simply state officials sued young almost always exactly legislative administrative authorities intend state officers treasure salvors expected secure percent treasure salvaged sunken galleon state florida order bring treasure federal admiralty nothing threat state expectations intrusive affairs see treasure salvors opinion stevens injunction requiring issuance welfare benefits within federally mandated time limits edelman see edelman supra order get arlington cemetery lee see lee order barring enforcement rail rate regulation young see ex parte young order granting relief federal habeas case see brennan stewart intrusiveness limitation young limitation terminal third reason proposed principal opinion support today result supposedly supplemental character federal question jurisdiction young subject giving way whenever private plaintiff entree state forum able grant relief sought mistaken theory contrary practice federal question jurisdiction turns subject matter need job state may wish avoid addresses adequacy state judicial system responsibility federal courts vindicate supposed controlling federal law see green mansour availability prospective relief sort awarded ex parte young gives life supremacy clause remedies designed end continuing violation federal law necessary vindicate federal interest assuring supremacy law pennhurst supra young doctrine accepted necessary permit federal courts vindicate federal rightsand hold state officials responsible authority decisions repeatedly emphasized young doctrine rests need promote vindication federal rights citations internal quotation marks omitted see also haring prosise rejecting proposed rule relegate certain claims state face statute basic policy providing federal forum vindication federal rights thus hardly surprising ex parte young gives hint thought relief sought federal unavailable minnesota state courts time young indeed relied prior cases federal courts entertained suits state officers notwithstanding fact youngcourt expressly noted state forums available plaintiffs vindicated claims see young supra citing reagan farmers loan trust smyth ames reagan like young rate case plaintiffs sued state railroad commission state attorney general federal seeking enjoin enforcement commission rate order attempt state attorney general recover penalties violation federal jurisdiction exercised even though state statute authorized suit commission state true principal opinion notes see ante opinion reagan reflects prevalent view state consent suit state forum amounted consent federal forum see reagan supra contra smith reeves rejecting view reagan permitted suit proceed federal ground state statute authorized state suit regardless point viewed case one enjoin state officers enforcing state statute violation federal law remarking fair sense considered suit state reagan supra likewise smyth historic rate case state statute authorized suit state challenge constitutionality rates imposed railroads permitted federal suit injunctive relief state attorney general go forward ground state see smyth supra clear enough opinion young explain smyth base decision section state law authorizing suit state held suit nature suit state although brought againstindividual state officers purpose enjoining enforcing either civil proceeding indictment unconstitutional enactment injury plaintiff right young young hint inadequacy state remedies tantamount unavailability state forum see ante principal opinion opinion young cases indeed include observations remedies available law might provide inadequate relief aggrieved plaintiff young noted failure comply state statute result criminal penalties hefty fines remarks severity sanctions supported conviction equitable remedy appropriate see young supra see also poindexter greenhow state forum unavailable federal jurisdiction subject state preemption principal opinion notion availability state forum bearing applicability ex parte young thus much odds precedent basic jurisdictional principles one strike principal opinion assumption significance availability state forum day decided young also decided general oil crain general oil reviewed order tennessee dismissing corporation suit state officer relief claimed violation national constitution state said lacked jurisdiction matter construing suit one state immune sovereign held dismissal reversible error ruling matter federal law suit construed state see general oil supra state law conferring immunity officers words constitutionally excuse state general jurisdiction obligation hear suit brought enjoin state official action exceeding authority unconstitutional cf martinez california state immunity statute immunize officer suit state consequence every case ex parte young supports exercise federal question jurisdiction state officer general oil prohibits declination state jurisdiction officer state immunity grounds insofar state jurisdiction count ex parte young onecase presumably count heavilyin every case none considerations principal opinion weigh course balancing process case legitimate reason questioning jurisdiction state officials nothing property title regulatory jurisdiction justifies majority exception young guarantee federal forum private federal claimant state officials footnotes tribe originally sought quiet claim title state claim dismissed barred eleventh amendment see denied certiorari review dismissal see principal opinion suggests without citation plan convention may consented suits federal courts state officers rest interpretation federal law ante principal opinion suit state officer enjoin ongoing violation federal law suit state scope state consent suit founding bearing availability officer suits young tribe also claims hold unextinguished aboriginal title lands claim passed recognized based federal law see generally oneida indian nation county oneida title claims case turn constitutional issue federal title law makes difference young see larson whether tindal must amenable analysis federal ultra vires case need decide holding property title irrelevant jurisdictional analysis open question see tindal principal opinion suggests cases embody careful balancing accommodation state interests determining whether young exception applies given case ante principal opinion fact simply reflect effort demarcate line prospective retrospective relief young represents balance federal state interests papasan allain mean doctrine application balanced factors given case instead young rule recognizing federal judicial power suits state officers enjoin ongoing violations federal law strikes requisite balance state federal interests conditions met additional balancing required warranted principal opinion suggests held young apply milliken bradley complaint sought vindicate civil liberties accordingly involved strong federal interest see ante prinicipal opinion undeniable federal interest protecting civil liberties however reason applied young remedy milliken sole enquiry regard whether relief sought fairly characterized prospective see noting decree fits squarely within prospective compliance exception reaffirmed edelman given view suit state officer prospective relief suit state fact majority seminole tribe reaffirmed see seminole tribe florida slip congress may abrogate state immunity suit legislation enacted pursuant fourteenth amendment bearing young application one option available state condemn lands outright federal law prevents state exercising eminent domain otherwise acquiring tribal lands directly tribe see rev stat efforts state local governments regulate acquire indian lands accordingly may violate federal law exact taking tribes possess right federal common law sue enforce possessory rights land county oneida oneida indian nation case district hold tribe conclude federal law precludes state regulation quiet title act may well preclude state bringing subsequent action quiet title land issue unless consents suit fact however bearing young application absence jurisdiction statute entertain suit tribe defendant says nothing whether eleventh amendment construed bars suit whether state true defendant tribe plaintiff two questions simply independent even assuming young sovereign immunity rules convertible doctrines equity state affairs provide equitable justification foreclosing tribe suit congressionally imposed limitation federal question jurisdiction hardly fault within meaning equity practice see dobbs law remedies ed tribe event bears responsibility congress decision enact statute justice says treasure salvors inapposite plurality discussion property claim view focused whether state officials acting ultra vires state law authority see ante opinion plurality analysis treasure salvors limited noted plaintiff salvage company claimed florida state officials lacked authority retain treasure recovered sunken galleon galleon found submerged land belonging florida determined submerged lands act stat decision florida see treasure salvors plurality noted company claimed state officials lacked authority state law retain treasure see question company claimed ownership treasure federal law accordingly disagree treasure salvors inapplicable reasoning narrowed pennhurst state school hospital halderman cf ante opinion existing statutes even partial answer say congress power fourteenth amendment abrogate state sovereign immunity cases within subject matter covered state habeas statute rev stat habeas claims directed state officers see persons subject suit see michigan dept state police neither instance congress said intended abrogate immunity arising eleventh amendment many federal cases nondiverse parties course might well brought state cases state relief reasonably expected section example reflects grave congressional concern state courts deficient protecting federal rights allen mccurry internal citations omitted see also patsy board regents american law institute study division jurisdiction state federal courts plaintiff suing state officers indian tribe readiness state courts vindicate federal right less perfect cf kagama local ill feeling people indians found often deadliest enemies comment oneida nation county oneida tribal rights action indian trade intercourse act colum rev state courts generally hostile tribal plaintiffs often primary violators tribal land rights clinton hotopp judicial enforcement federal restraints alienation indian land origins eastern land claims rev describing history state evasions federal statutory restraint alienations indian land federal response principal opinion also appears rest misreading osborn bank wheat holding officer suit proceed suit directly state prohibited see ante principal opinion chief justice marshall never suggested suit officers barred state named instead made clear since suit allowed proceed state made party allowed proceed absence chief justice wrote subversive best established principles say laws afford remedies agent employed wrong afford principal joined suit osborn recognized equitable remedy provided relief beneficial complete law give suggest remedy state absent significance attached availability state forum judgment actually reversed reached previously unreviewed challenge official action found meritless see general oil crain general oil application limited cases remedy federal unavailable notwithstanding observation state relief required given eleventh amendment bar suit federal general oil crain since young ensured federal courts open injunctive claims like issue general oil see fallon ideologies federal courts law rev sentences surrounding references general oil unavailable federal forum make clear crucial distinction determining obligations state courts one involving availability nonavailability federal judicial relief rather valid invalid state laws determining whether suit one state state authorize officers behave unconstitutionally official action pursuant invalid state law protected sovereign immunity state decline exercise jurisdiction basis quoting general oil supra monaghan third party standing colum rev prospective relief necessary concomitant federal right availability relief federal courts may free obligation provide well general oil overruled otherwise abandoned georgia banking musgrove dismissed appeal decision georgia holding state sovereign immunity barred suits asserting constitutional claims state officials cf wright miller cooper federal practice procedure pp ed one paragraph per curiam dismissal musgrove stated adequate nonfederal ground supported state decision identify state ground involved posture case suggests may viewed lower decision based valid state law regarding timing existence state remedies see fallon supra finally insofar general oil may read require provide adequate judicial remedy redress acts state officials violate federal law see collins article iii cases state duties madisonian compromise rev necessarily injunctive relief particular relevance purposes remains every litigant seeking prospective relief federal young may obtain adequate redress state well quite apart even general oil may mandate appears matter course private plaintiffs may obtain declaratory injunctive relief state acts state officials circumstances relief available federal young state courts announced general rule suit seeking enjoin acts state official violate federal law otherwise unauthorized suit state see aland graham etheredge bradley alaska doe heintz georgia public service atlanta gas light greenwell department land natural resources haw century distilling defenbach idaho noorman department public works buildings appeal dism rockford memorial hospital department human rights app appeal denied collins state bd social welfare iowa board trustees univ hayse cert denied carso board liquidation state debt la jones maine state highway thompson auditor general gregg kleban missouri mo rein johnson neb cert denied grinnell state abelson new jersey state board optometrists ramah navaho school bd bureau revenue app carter city las cruces app corum university north carolina ennis dasovick schwarz board trustees ohio gast state app philadelphia life ins commonwealth ware shoals mfg jones white eagle oil refining gunderson american trucking associations conway state ex rel robinson superior pittsburgh elevator west bd regents wisconsin fertilizer karns oyler state wyo permitted suits proceed without discussing jurisdictional basis action see carroll robinson app honor yamuchi ark endler schutzbank cal international society krishna consciousness colorodo state fair industrial exposition gebhart belton del ch rev grounds mercer hemmings libertarian party florida smith dist app darling kansas water office gumbhir kansas state bd pharmacy secretary state bryson md app maryland comm fair representation tawes md apkin treasurer receiver general mass wicks mississippi valley state miss orozco day mont northern nevada injured workers nevada state industries insurance system new york central lefkowitz owner operator independent driver anthony app retired adjunct professors state rhode island almond riggs burson sanders state dept public welfare app tex error dism matheson utah aff state bd elections forb