virginia office protection advocacy stewart commissioner virginia department behavioral health developmental services et argued december decided april together developmental disabilities assistance bill rights act dd act protection advocacy individuals mental illness act paimi act offer federal money improve inter alia medical care persons developmental disabilities mental illness condition funding state must establish protection advocacy system protect advocate individuals rights participating state may appoint either state agency private nonprofit entity system state agency must authority litigate freedom control state agencies officers virginia appointed independent state agency petitioner virginia office protection advocacy vopa authorizing litigate secure disabled individuals rights free oversight operate independently virginia attorney general employ lawyers sue behalf investigating patient deaths injuries state mental hospitals vopa asked respondents state officials charge hospitals produce relevant patient records respondents refused asserting privilege shielded records disclosure vopa filed suit federal district seeking declaration respondents refusal produce records violated dd paimi acts injunction requiring respondents produce records refrain future interfering vopa right access respondents moved dismiss ground immune suit eleventh amendment held suit permitted doctrine ex parte young normally allows federal courts award prospective relief state officials violations federal law fourth circuit reversed finding ex parte young apply suit brought state agency held ex parte young allows federal hear lawsuit prospective relief state officials brought another agency state pp absent waiver sovereign immunity state valid abrogation congress federal courts may entertain private person suit state pp doctrine ex parte young establishes important limitation principle accepted necessary permit federal courts vindicate federal rights pennhurst state school hospital halderman rests premise federal commands state official nothing refrain violating federal law state purposes apply state party interest pp entertaining vopa action consistent precedent offend distinctive interests protected sovereign immunity pp verizon md public serv held determining ex parte young doctrine applicability need conduct inquiry whether complaint alleges ongoing violation federal law seeks relief properly characterized prospective vopa suit satisfies inquiry respondents concede action proper vopa private organization rather state agency general criterion determining suit fact sovereign effect relief sought pennhurst supra bringing lawsuit applied criterion idaho coeur tribe idaho held indian tribe invoke ex parte young bring essentially quiet title suit extinguish idaho control lands waters long deemed integral part territory respondents advanced argument relief sought threatens similar invasion virginia sovereignty pp respondents claim state dignity diminished federal adjudicates dispute components state stature diminished greater degree agency sues enforce officers compliance federal law private person moreover vopa power sue state officials consequence virginia decision establish public system every offense state dignity constitutes denial sovereign immunity specific indignity sovereign immunity protects insult state haled without consent occur suit happens brought another state agency pp apparent novelty suit likely consequence past constitutional doubts order invoke ex parte young exception state agency needs federal right possesses parent state authority sue state officials enforce right free internal veto conditions rarely coincide event principles undergirding ex parte young doctrine support extension actions kind pp reversed remanded scalia delivered opinion kennedy thomas ginsburg breyer sotomayor joined kennedy filed concurring opinion thomas joined roberts filed dissenting opinion alito joined kagan took part consideration decision case virginia office protection cacy petitioner james stewart iii commissioner virginia department behavioral health velopmental services et al writ certiorari appeals fourth circuit april justice scalia delivered opinion consider whether ex parte young allows federal hear lawsuit prospective relief state officials brought another agency state developmental disabilities assistance bill rights act dd act stat et offers federal money improve community services medical care job training individuals developmental disabilities see condition funding state must establish protection advocacy system protect advocate rights individuals developmental disabilities system receives separate federal funds paid directly second federal law protection advocacy individuals mental illness act paimi act stat et increases separate funding extends mission systems include mentally present every state accepts funds statutes dd paimi acts system must certain powers system shall authority investigate incidents abuse neglect incidents reported system probable cause believe incidents occurred subject certain statutory requirements must given access records individuals may abused see iii ii iii well records relevant conducting investigation acts also require system authority pursue legal administrative appropriate remedies approaches ensure protection charges see addition pressing rights system may pursue administrative legal remedies behalf protects see participating state free appoint either state agency private nonprofit entity system either case designated entity must certain structural features ensure independence state government dd act prohibits governor appointing members system governing board restricts state ability impose hiring freezes measures impair system ability carry mission state designates entity system may change selection without good cause virginia one eight designated government entity system virginia office protection advocacy vopa independent state agency code ann lexis board consists eleven nonlegislative citizen members three appointed governor remaining eight appointed components legislature five speaker house delegates three senate committee rules ibid vopa nominates candidates consideration statute instructs appointing officials shall seriously consider persons nominated appoint persons whenever feasible ibid board members serve fixed terms removable specified reasons see lexis vopa enjoys authority litigate free oversight operates independently attorney general virginia employs lawyers statutorily authorized sue vopa behalf lexis virginia law specifically empowers vopa initiate proceedings secure rights disabled individuals vopa opened investigation deaths two patients injuries third mental hospitals asked respondents state officials charge institutions produce records related mortality reviews conducted hospitals respect patients respondents refused asserting records protected privilege shielding medical materials disclosure vopa brought action district eastern district virginia alleging dd paimi acts entitled records notwithstanding privilege might apply sought declaration respondents refusal produce records violated dd paimi acts along injunction requiring respondents provide access records refrain future interfering vopa right access respondents moved dismiss action grounds immune suit eleventh amendment district denied motion view suit permitted doctrine ex parte young normally allows federal courts award prospective relief state officials violations federal law virginia reinhard wl ed july appeals reversed virginia reinhard believing vopa lawsuit intramural contest encroaches severely dignity sovereignty ex parte young action brought private plaintiff appeals concluded authorized case internal quotation marks omitted granted certiorari ii sovereign immunity privilege sovereign sued without consent language eleventh eliminates basis judgment famous case chisholm georgia dall involved suit state noncitizen state since hans louisiana however understood eleventh amendment confirm structural understanding entered union sovereign immunity intact unlimited article iii jurisdictional grant blatchford native village noatak see pennhurst state school hospital halderman cases hold retained traditional immunity suit except altered plan convention certain constitutional amendments alden maine state may waive sovereign immunity pleasure college savings bank florida prepaid postsecondary ed expense circumstances congress may abrogate appropriate absent waiver valid abrogation federal courts may entertain private person suit state ex parte young established important limit principle case involved challenge minnesota law reducing freight rates railroads charge railroad shareholder claimed new rates confiscatory obtained federal injunction edward young attorney general minnesota forbidding official capacity enforce state law perkins northern pacific cc young violated injunction initiating enforcement action state circuit held contempt committed federal custody habeas corpus application young challenged confinement arguing minnesota sovereign immunity deprived federal jurisdiction enjoin performing official duties disagreed explained unconstitutional legislative enactment void state official enforces law comes conflict superior authority constitution therefore stripped official representative character subjected person consequences individual conduct state power impart immunity responsibility authority doctrine existed alongside jurisprudence century accepted necessary permit federal courts vindicate federal rights pennhurst rests premise less delicately called fiction federal commands state official nothing refrain violating federal law state purposes doctrine limited precise situation apply state real substantial party interest quoting ford motor department treasury sought expend public treasury domain interfere public administration quoting dugan rank case requires us decide apply ex parte young doctrine suit brought independent state agency claiming possess federal rights although never encountered suit satisfied entertaining vopa action consistent precedents offend distinctive interests protected sovereign immunity verizon md public serv held determining whether doctrine ex parte young avoids eleventh amendment bar suit need conduct inquiry whether complaint alleges ongoing violation federal law seeks relief properly characterized prospective quoting idaho coeur tribe idaho concurring part concurring judgment doubt vopa suit satisfies straightforward inquiry alleges respondents refusal produce requested medical records violates federal law seeks injunction requiring production records prospectively abate alleged violation respondents concede vopa private organization rather state agency doctrine permit action see reason different result although respondents argue vopa status state agency changes calculus warrant cases making validity ex parte young action turn identity plaintiff sure willing police abuses doctrine threaten evade sovereign immunity otherwise adhere empty formalism coeur tribe supra dissent concedes post opinion roberts limits recognized reflect principle general criterion determining suit fact sovereign effect relief sought pennhurst supra bringing lawsuit thus ex parte young used obtain injunction requiring payment funds state treasury see edelman jordan order specific performance state contract see ayers coeur tribe respondents heavily rely application principle refused allow indian tribe use ex parte young obtain injunctive declaratory relief establishing exclusive right use enjoyment certain submerged lands idaho invalidity state statutes regulations governing land determined suit functional equivalent quiet title suit idaho extinguish state control vast reach lands waters long deemed state integral part territory thus barred sovereign immunity respondents advanced argument relief sought case threatens similar invasion virginia sovereignty indeed concede injunction vopa requests properly awarded federal instance private system respondents dissent argue entertaining vopa lawsuit federal forum nevertheless infringe virginia sovereign interests diminishes dignity state federal adjudicate dispute components see brief respondents post arguing sovereignty bar vopa lawsuit quoting coeur tribe supra disagree initial matter understand state stature diminished greater degree agency polices officers compliance federal obligations private person hales officers federal purpose something everyone agrees case course vopa power sue state officials consequence virginia decision establish public rather private system fail perceive eleventh amendment indignity visited commonwealth operation laws vopa admitted federal even true state dignity offended way maintenance action federal prove respondents case denial sovereign immunity sure offends dignity state every offense dignity state constitutes denial sovereign immunity specific indignity sovereign immunity protects insult state haled without consent effectively occurs cases reasonably conclude example object suit state officer reach funds state treasury acquire state lands occur suit happens brought another state agency respondents asserted dignitary harm simply unconnected interest dissent complains applying ex parte young lawsuit divides virginia since opposing parties creatures commonwealth post even distinctive consequence letting suit proceed federal nothing concern whether suit unconsenting state rather officers consequence federal nature forum result follow federal claim sued upon state dissent require also hatever decision litigation commonwealth win nd commonwealth lose ibid sending matter state even avoid prospect federal judge resolve part commonwealth prevail since loser always ask review matter certiorari appeal also disallowed grounds sovereign immunity see cohens virginia wheat course precisely thing happen respondents specifically waived objections case yet one contend despite waiver sovereign immunity forbade suit also reason ex parte young violation sovereign immunity prospect federal judge resolving vopa dispute respondents make doubt course limits federal government power affect internal operations state see printz congress may commandeer state officers coyle smith congress may dictate state capital limits must found textual provision structural premise constitution additional limits smuggled eleventh amendment barring suit federal violate state sovereign immunity weightier objection perhaps relative novelty lawsuit respondents rightly observe federal courts often encountered lawsuits brought state agencies state officials give us pause lack historical precedent indicate constitutional infirmity see free enterprise fund public company accounting oversight slip decisions traditionally warned proceedings suits alden quoting hans novelty however often consequence past constitutional doubts reason believe case order invoke ex parte young exception sovereign immunity state agency needs two things first federal right possesses parent state second authority sue state officials enforce right free internal veto wielded state government conditions rarely coincide least latter exist without consent state created agency defined powers see post kennedy concurring unaware necessary conditions ever presented except connection dd paimi acts parties referred us thus apparent novelty sort suit suggest unconstitutionality event satisfied reasons explained novelty notwithstanding principles undergirding ex parte young support application actions kind like appeals mindful central role autonomous play federal system wary approving new encroachments sovereignty conclude encroachment occasioned straightforwardly applying ex parte young allow suit virginia law created vopa gave power sue state officials circumstance eleventh amendment presents obstacle vopa ability invoke federal jurisdiction terms litigant reverse judgment appeals remand case proceedings consistent opinion ordered justice kagan took part consideration decision case virginia office protection advocacy petitioner james stewart iii commissioner virginia department behavioral health developmental services et al writ certiorari appeals fourth circuit april justice kennedy justice thomas joins concurring ex parte young recognized narrow limitation state sovereign immunity permitting railroad stockholders enjoin enforcement rate regulations negative injunction nothing assertion equity defense otherwise available state enforcement proceedings law see also harrison ex parte young stan rev expanded young exception far beyond original office order vindicate federal interest assuring supremacy federal law green mansour without careful attention case sovereign interests state see verizon md public serv kennedy concurring edelman jordan example applied exception affirmative prospective order equitable restitution latter similar award damages state see pennhurst state school hospital halderman theory young suit restitution one state since allegation strip state officer official authority nevertheless retroactive relief barred eleventh amendment pennhurst declined extend young suits alleging violation without need ensure supremacy federal law justification restricting state sovereignty straightforward inquiry verizon md derives edelman pennhurst defined important limits young order respect state sovereignty still adhering principles necessary implement supremacy clause result verizon md incorporates balancing might first seem reject verizon md easy case involved kind preenforcement assertion defense issue young young application explored novel contexts idaho coeur tribe idaho also case inquiry proves complex verizon supra kennedy concurring case view virginia office protection advocacy may rely young despite somewhat striking novelty permitting state agency sue officials state federal posture case comes must assumed vopa federal right records seeks extension young vindicate supremacy clause balanced important interest need preserve dignity respect afforded state immunity designed protect coeur supra permitting state agency like vopa sue officials state implicate state important sovereign interest using courts control distribution power among agents affront state dignity diminished extent noted state elected alternate course designating private protection advocacy system avoided risk internal conflict still participating federal program availability alternate course view weigh much favor validity underlying federal scheme question reach young exception virginia concern holding upsets federal balance mitigated various protections built structure federal litigation ensure state officials often call upon federal courts resolve intramural disputes first important state law must authorize agency official sue another arm state wish see internal conflicts aired federal need empower officers agencies sue one another federal forum state officers state law empowered sue may invoke federal jurisdiction personal capacities second extent doubt state law officer agency power sue issue may dispositive federal courts abstain railroad tex pullman pullman recognizes importance state sovereignty limiting federal judicial intervention state affairs cases intervention necessary open question resolve dispute federal courts may wait resolution issue adjudicating merits likewise certification questions state law state courts may pretermit otherwise sensitive federal controversy lehman brothers schein certification helps build cooperative judicial federalism finally federal law often create rights state officials agencies assert arms state true officials may assert personal federal rights violated unlawful state action example state engages discriminatory employment practices statutory framework case unusual vests state agency federal rights state statutes tend protect rights individuals officers agencies constitution clauses protect persons rather officers young exception available assert federal violations paucity federal rights vested government officials makes scope holding narrow one simply underscore program issue may present constitutional questions parties raise litigation virginia argue example congress exceeded spending power article forcing state wishes designate public agency advocacy system allow intramural suits like instant one requiring agency structured congress directs system must independent agency provides treatment services habilitation individuals developmental disabilities ot members governing board may appointed chief executive officer state young doctrine based convenience fiction neither implicates subsumes fundamental concerns regarding excessive exercise federal power cautious deciding cases might later lead general principle national government condition receipt funds state agreement make changes respect governmental structure basic policies governance matters within special competence assuming must statutes constitutional narrow question whether vopa may rely young avoid sovereign immunity bar one might doubt whether constitutional question may severed young analysis wields young name supremacy clause vindicate important federal rights perhaps extend fiction name claims may rest unconstitutional foundations concern misplaced canon constitutional avoidance directs courts prefer interpretation statute preserves validity specter statute unconstitutionality permitted distort antecedent question jurisdiction courts interpret evaluate statute confirming authority adjudicate case decline adjudicate federal right fear potential unconstitutionality effect invalidate right quest save permit commission acts violate federal right mere suspicion congress acted beyond authority suit must assumed vindicate supremacy clause poses serious affront state sovereignty light options available state program may proceed observations join opinion virginia office protection advocacy petitioner james stewart iii commissioner virginia department behavioral health developmental services et al writ certiorari appeals fourth circuit april chief justice roberts justice alito joins dissenting today holds state agency may sue officials acting behalf state federal never happened order reach unsettling result extends fiction ex parte young called empty formalism well beyond circumstances case subscribe substantial novel expansion also called narrow exception state sovereign immunity respectfully dissent federal system established constitution preserves sovereign status alden maine confirmed eleventh amendment integral component residuary inviolable sovereignty immunity private suits federal maritime south carolina ports authority internal quotation marks omitted hans louisiana inherent nature sovereignty amenable suit individual without quoting federalist hamilton preeminent purpose state sovereign immunity accord dignity consistent status sovereign entities federal maritime supra accordingly time state haled federal dignity respect afforded state sovereign immunity designed protect placed jeopardy idaho coeur tribe idaho immunity turn whether relief awarded eleventh amendment concerned ability withstand suit privilege sued puerto rico aqueduct sewer authority metcalf eddy see federal maritime supra primary function sovereign immunity protect state treasuries afford dignity respect due sovereign entities citation omitted key role state sovereign immunity plays federal system recognized exceptions immunity sole one relevant narrow exception seminole tribe florida established decision ex parte young ex parte young held private litigants seek injunction federal state official prohibiting enforcing state law claimed violate federal constitution see often observed ex parte young rests obvious fiction couer tribe supra suit really state rather individual stripped official representative character unlawful conduct ex parte young supra consistently acknowledged important role ex parte young plays promot ing vindication federal rights cautious give decision expansive interpretation pennhurst state school hospital halderman indeed history ex parte young jurisprudence largely focused ensuring narrow exception narrowly construed example held fiction ex parte young extend suits plaintiff seeks retroactive relief edelman jordan claimed violations based state law pennhurst supra federal law violation longer ongoing green mansour congress prescribed detailed remedial scheme enforcement state claimed federal right seminole tribe supra special sovereignty interests implicated couer tribe supra recently stated determining whether doctrine ex parte young avoids eleventh amendment bar suit need conduct straightforward inquiry whether complaint alleges ongoing violation federal law seeks relief properly characterized prospective verizon md public serv internal quotation marks omitted every plaintiff complies prerequisites able bring suit ex parte young indeed verizon went beyond straightforward inquiry considering whether ex parte young applied deciding plaintiffs clearly satisfie straightforward inquiry went examine whether congress created detailed remedial scheme like one seminole tribe internal quotation marks omitted determining congress done conclude suit go forward ex parte young verizon formulation set forth requirements bringing action ex parte young two recent precedents wrongly decided seminole tribe acknowledged often found federal jurisdiction suit state official suit seeks prospective injunctive relief order end continuing violation federal law internal quotation marks omitted held however situation presented sufficiently different giving rise traditional ex parte young action preclude availability doctrine couer tribe recognized allegation ongoing violation federal law requested relief prospective ordinarily sufficient invoke young fiction emphasis added held however action proceed ex parte young implicated special sovereignty interests case state property rights certain submerged lands explained papasan allain certain types cases formally meet young requirements state official acting inconsistently federal law stretch case far upset balance federal state interests embodies one cases refusing extend ex parte young claims involve special sovereignty interests coeur tribe warned rote application ex parte young fiction interpret young permit action proceed every case prospective declaratory injunctive relief sought officer named individual capacity adhere empty formalism undermine principle eleventh amendment immunity represents real limitation federal 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 undisputed petitioner complaint alleges ongoing violation federal law state official seeks prospective relief traditional ex parte young action seminole tribe supra petitioner might well able pursue claims case however anything traditional case petitioner anything typical ex parte young plaintiff unlike plaintiffs ex parte young matter unlike plaintiff ever sought invoke ex parte young petitioner state agency seeking sue officials state federal troubled novelty ante enough see free enterprise fund public company accounting oversight slip perhaps telling indication severe constitutional problem lack historical precedent internal quotation marks omitted cf alden printz especially true light presumption articulated years ago hans louisiana immune suits anomalous unheard constitution adopted hans see also alden supra invoking presumption accordingly determining whether lift bar sovereign immunity attribute great significance absence analogous suits time founding many years thereafter federal maritime sort suit anomalous unheard time founding anomalous unheard yesterday hans presumption applies full force speculates suits previously arisen necessary conditions state agencies pursuing federal right free internal state veto novel see ante see also ante kennedy concurring even true simply highlights fact case suitable mere rote application ex parte young addition novel character petitioner complaint conflicts directly principles federalism underlie eleventh amendment pennhurst alden held state sovereign immunity prohibited congress authorizing private suits nonconsenting courts explained power permit one branch state government state courts coerce branches state turn state ibid goes suit features state agency one side state executive officials objection alden federal government force state defend extending young forces state defend federal sides case exercise sovereign power commonwealth virginia petitioner claims title commonwealth virginia complaint app respondents state officials acting official capacity whatever decision litigation one thing clear commonwealth win commonwealth lose today holding federal judge resolve part commonwealth prevail virginia consented suit federal rather petitioner unilaterally determined intramural dispute resolved forum precisely sovereign immunity supposed guard see ante specific indignity sovereign immunity protects insult state haled without consent indignity compounded state haled federal federal judge decide internal state dispute wrong suggest virginia sovereign interest determining disputes resolved see ante one thing state decide components may sue one another courts virginia quite another thing dispute resolved federal state wishes reason examples suits pitting state entities one another inapposite hypotheticals state consented particular forum resolve internal conflict true sum special sovereignty interests implicated make case sufficiently different giving rise traditional ex parte young action preclude availability doctrine seminole tribe cling reality extend fiction ex parte young cover petitioner suit ii offers several justifications expansion ex parte young none persuasive first contends whether ex parte young fiction applied turns relief sought case ante internal quotation marks omitted correct several prior cases focused nature relief requested see edelman may well difference type relief barred eleventh amendment permitted ex parte young many instances day night wrong draw negative implication cases categorically conclude basis determining whether extend ex parte young fiction thrust argument appears relief sought different sought suit private protection advocacy system doctrine ex parte young also apply suit brought state system ante private entities different public ones private private litigants involved state turned contrary suggestion see ante indeed real difference suit state brought private party one brought state agency difference eating cannibalism murder patricide ultimate results may full stomach dead body means getting attracts notice think affront someone dignity sued brother sued stranger neither may welcomed mean equally received also contends petitioner ability sue state officials federal consequence virginia decision establish public protection advocacy system ibid mean virginia consented infringement sovereignty argument rejected petitioner seek certiorari issue see virginia reinhard pet cert instead claims virginia blame wanted avoid current predicament chosen establish private entity instead ante see also ante kennedy concurring aware doctrine effect unconstitutional establishment insulated challenge simply constitutional alternative available public private systems interchangeable alternatives event analysis also circular wrongly assumes virginia knew advance answer question presented case concluding ex parte young applies arrangement first time history state agency may sue unwilling state federal suggest virginia knowingly exposed officers suit federal similar vein asserts virginia law authorizes petitioner exercise independent litigating authority petitioner treated litigant ante petitioner like litigant true petitioner enjoys independence state executive branch mean petitioner independent state noted petitioner certainly views commonwealth virginia app presumably invoke sovereign immunity sued matter sovereign immunity law make difference state chooses allocate governmental powers among different state agencies officials wrong suggest simply petitioner possesses independent litigating authority may sue state officials federal see ante eleventh amendment presents obstacle since virginia law created petitioner gave power sue state officials case merely whether petitioner needs approval attorney general sue virginia code provisions cited say nothing actions state federal independent litigating authority takes scores state entities suddenly possess authority pursue ex parte young actions state officials federal reinhard supra eleventh amendment impediment suits given number state agencies across country enjoy independent litigating authority see brief state indiana et al amici curiae decision today potentially lead sorts litigation federal courts addressing internal state government disputes also reason think holding limited state agency plaintiffs according basic rationale state officials enjoy level independence matter federal law bring suit state officials federal disputes formerly resolved state cabinet rooms may appear dockets federal courts one questions continued vitality importance doctrine announced ex parte young ex parte young affording relief private party unconstitutional state action resolving dispute two different state actors matter state sort federal judge decision chisholm georgia dall permitting sued private parties federal created shock surprise throughout country eleventh amendment proposed adopted principality monaco mississippi fair say today decision probably trigger similar response however much practical functions prominence may changed past years remain vital element political structure sovereign immunity ensures retain stature commensurate role constitution allowing one part state sue another federal federal judge decides important dispute state officials undermines state sovereignty unprecedented direct way fiction ex parte young extended permit real intrusion believe novel expansion ex parte young inconsistent federal system established constitution respectfully dissent footnotes eleventh amendment reads follows judicial power shall construed extend suit law equity commenced prosecuted one citizens another state citizens subjects foreign state recognized congress may abrogate state immunity acts fourteenth amendment seminole tribe florida acts original article authority regulate commerce dissent mistaken claims applying verizon maryland test mean two cases wrongly decided post opinion roberts discuss first cases coeur tribe infra second seminole tribe supra inapposite reason refused permit suit proceed case indian gaming regulatory act created alternative remedial scheme undermined permitting ex parte young suits congress said foreclosed recourse doctrine see seminole tribe supra respondents argue first time litigation dd paimi acts effect reject suggestion fact federal government exercise oversight federal spending program even withhold withdraw funds chief statutory features respondents point demonstrate congress displayed intent provide complete immediate relief otherwise available ex parte young verizon maryland quoting seminole tribe dissent compares vopa lawsuit indignities cannibalism patricide since greater affront someone dignity sued brother sued stranger post think dissent principle familial affront less universally applicable even respect real families never mind governmental siblings us probably prefer contesting testamentary disposition relative contesting stranger confining one child room called grounding confining stranger child called kidnaping jurisdiction case depend apt comparison dissent accuses us circular reasoning wrongly assum virginia knew advance answer question presented case post true relying commonwealth waiver sovereign immunity rely upon ex parte young say virginia blame position finds consented suit created state entity sue instead leaving task private entity know allow suit federal know know ex parte young produces result dissent agrees plan post quoting mckesson division alcoholic beverages tobacco dept business regulation adjudicate disputes state agencies without offending sovereign immunity explaining away exceptions theory advance ball demonstrated sovereign immunity anything say federal courts adjudicating interagency disputes occasion pass questions federalism case whether dd paimi acts proper exercise congress enumerated powers justice kennedy whether acts run afoul constitutional provision besides eleventh amendment permitted distort antecedent question jurisdiction post concurring opinion think greatly exaggerated dissent concern iven number state agencies across country enjoy independent litigating authority today decision potentially lead sorts litigation federal courts addressing internal state government disputes post litigation occur unless state agency given federal right vindicate vopa alleges given highly unusual statute issue footnotes ex parte young also rests irony official unconstitutional conduct constitutes state action fourteenth amendment eleventh amendment pennhurst state school hospital halderman internal quotation marks omitted agree seminole tribe refused permit suit proceed ex parte young congress foreclosed recourse doctrine ante simply confirms point availability young depends whether verizon prescribed inquiry satisfied short seminole tribe makes clear plaintiff files complaint alleg ing ongoing violation federal law seeks relief properly characterized prospective verizon internal quotation marks omitted may nonetheless barred pursuing action young sovereign immunity principles course prohibit reviewing federal questions presented suit filed state see ante held inherent constitutional plan state takes cognizance case state assents appellate review federal issues raised case whoever may parties original suit whether private persons state mckesson division alcoholic beverages tobacco dept business regulation internal quotation marks citation omitted contrast nothing inherent constitutional plan warrants lower federal courts handling intrastate disputes absent state consent