verizon maryland public service commission maryland et argued december decided may telecommunications act act requires incumbent carriers lecs provide interconnection existing networks new entrant seeks access market carriers establish reciprocal compensation arrangements transporting terminating calls others customers interconnection agreements submitted state utility commission approval petitioner verizon maryland incumbent lec maryland negotiated interconnection agreement competitor later acquired respondent mci worldcom maryland public service commission commission approved agreement verizon informed worldcom longer pay reciprocal compensation calls made verizon customers local access numbers internet service providers isps isp traffic local traffic subject reciprocal compensation agreement worldcom filed complaint commission ordered verizon make payments past future calls verizon filed action federal district citing basis jurisdiction naming defendants commission individual members official capacities worldcom competing lecs verizon sought declaratory judgment order unlawful injunction prohibiting enforcement alleging determination verizon must pay reciprocal compensation isp traffic violated act federal communications commission ruling district dismissed action fourth circuit affirmed holding commission waived eleventh amendment immunity suit doctrine ex parte young permit suit individual commissioners official capacities neither provides basis jurisdiction verizon claims private defendants held section provides basis jurisdiction verizon claim commission order requiring reciprocal compensation calls federal law federal courts jurisdiction petitioner right recover sustained federal law given one construction defeated given another unless claim clearly appears immaterial made solely obtain jurisdiction wholly insubstantial frivolous steel citizens better environment resolution verizon claim turns whether act fcc ruling precludes commission ordering payment reciprocal compensation suggestion claim immaterial insubstantial frivolous even provides party aggrieved state commission determination section may bring federal action determine whether interconnection agreement meets requirements confer jurisdiction divest district courts authority cf abbott laboratories gardner section establish distinctive review mechanism commission actions covers distinctively limit substantive relief available finally none act provisions evince intent preclude federal review commission determination pp doctrine ex parte young permits verizon suit go forward state commissioners official capacities thus need decide whether commission waived immunity suit voluntarily participating regulatory regime established act determining whether ex parte young doctrine avoids eleventh amendment bar suit need conduct straightforward inquiry whether complaint alleges ongoing violation federal law seeks relief properly characterized prospective idaho coeur tribe idaho verizon prayer injunctive relief state officials restrained enforcing order contravention controlling federal law clearly satisfies straightforward inquiry verizon prayer declaratory relief even though verizon seeks declaration past well future ineffectiveness commission action private parties past financial liability may affected past liability state commissioners issue see edelman jordan fourth circuit suggestion doctrine ex parte young inapplicable commission order probably inconsistent federal law unavailing inquiry whether suit lies ex parte young include analysis merits claim see coeur supra merit commission argument constitutes detailed exclusive remedial scheme like one held seminole tribe florida implicitly exclude ex parte young actions pp vacated remanded scalia delivered opinion members joined except took part consideration decision cases kennedy filed concurring opinion souter filed concurring opinion ginsburg breyer joined verizon maryland petitioner public service commission maryland et al petitioner public service commission maryland et al writs certiorari appeals fourth circuit may justice scalia delivered opinion cases present question whether federal district courts jurisdiction telecommunication carrier claim order state utility commission requiring reciprocal compensation telephone calls internet service providers violates federal law telecommunications act act act pub stat created new telecommunications regime designed foster competition local telephone markets toward end act imposed various obligations incumbent carriers lecs including duty share networks competitors see supp new entrant seeks access market incumbent lec must provide interconnection incumbent existing network carriers must establish reciprocal compensation arrangements transporting terminating calls placed others customers previously described see iowa utilities incumbent lec may negotiate enter binding agreement new entrant fulfill duties imposed without regard standards set forth provisions agreement must submitted state commission approval may reject discriminates carrier party consistent public interest convenience necessity required act incumbent lec maryland petitioner verizon maryland formerly known bell atlantic maryland negotiated interconnection agreement competitors including mfs intelenet maryland later acquired respondent mci worldcom inc maryland public service commission commission approved agreement six months later verizon informed worldcom longer pay reciprocal compensation telephone calls made verizon customers local access numbers internet service providers isps claiming isp traffic local traffic subject reciprocal compensation agreement isps connect customers distant web sites worldcom disputed verizon claim filed complaint commission commission found favor worldcom ordering verizon timely forward future interconnection payments owed worldcom telephone calls placed isp pay worldcom reciprocal compensation withheld pending resolution dispute verizon appealed maryland state affirmed order subsequently federal communications commission fcc issued ruling later vacated appeals circuit see bell atlantic tel fcc categorized calls nonlocal purposes reciprocal compensation concluded absent federal compensation mechanism calls state commissions construe interconnection agreements requiring reciprocal compensation verizon filed new complaint commission arguing fcc ruling established verizon longer required provide reciprocal compensation isp traffic decision commission rejected contention concluding matter state contract law worldcom verizon agreed treat calls local traffic subject reciprocal compensation verizon filed action district district maryland citing basis jurisdiction naming defendants commission individual members official capacities worldcom competing lecs complaint verizon sought declaratory injunctive relief commission order alleging determination verizon must pay reciprocal compensation worldcom isp traffic violated act fcc ruling district dismissed action divided panel appeals fourth circuit affirmed fourth circuit held commission waived immunity suit voluntarily participating regulatory scheme set act doctrine ex parte young permit suit individual commissioners official capacities held neither provides basis jurisdiction verizon claims private defendants verizon intervenor petitioned review four questions resolved fourth circuit previously granted certiorari mathias worldcom technologies raised question whether provides basis jurisdiction granted certiorari question set case oral argument tandem mathias oral argument reasons explained decision mathias released today post granted certiorari remaining three questions presented cases ii worldcom verizon contend independently grant federal courts jurisdiction determine whether commission order requiring verizon pay worldcom reciprocal compensation calls violates act section sets forth procedures relating formation commission approval interconnection agreements commission approval continuing review interconnection terms conditions called tatements generally available terms filed lecs section provides relevant part case state commission makes determination section party aggrieved determination may bring action appropriate federal district determine whether agreement statement meets requirements section title section determination issue neither approval disapproval negotiated agreement approval disapproval statement generally available terms worldcom verizon argue however state commission authority implicitly encompasses authority interpret enforce interconnection agreement commission interpretation enforcement decision therefore determination subject federal review whether text construed question need decide agree parties alternative contention even confer jurisdiction least divest district courts authority review commission order compliance federal law verizon alleged complaint commission violated act fcc ruling ordered payment reciprocal compensation calls verizon sought declaratory judgment commission order unlawful injunction prohibiting enforcement doubt federal courts jurisdiction entertain suit verizon seeks relief commission order ground regulation federal statute virtue supremacy clause constitution must prevail claim thus presents federal question federal courts jurisdiction resolve shaw delta air lines commission contends since act create private cause action challenge commission order jurisdiction entertain suit need express opinion premise argument firmly established cases absence valid opposed arguable cause action implicate jurisdiction statutory constitutional power adjudicate case steel citizens better environment said district jurisdiction right petitioners recover complaint sustained constitution laws given one construction defeated given another unless claim clearly appears immaterial made solely purpose obtaining jurisdiction claim wholly insubstantial frivolous ibid citation omitted resolution verizon claim turns whether act fcc ruling issued thereunder precludes commission ordering payment reciprocal compensation suggestion verizon claim wholly insubstantial frivolous ibid verizon claim thus falls within general grant jurisdiction contrary fourth circuit conclusion nothing purports strip jurisdiction section provides federal review agreement state commission makes determination include worldcom verizon claim interpretation enforcement interconnection agreement merely makes actions state commissions reviewable federal enough eliminate jurisdiction although situation precisely parallel elimination federal review amount elimination review think said abbott laboratories gardner nonetheless apt mere fact acts made reviewable suffice support implication exclusion others internal quotation marks citation omitted nothing mere fact section establish distinctive review mechanism commission actions covers mechanism review distinctively limit substantive relief available cf fausto indeed even mention jurisdiction reads like conferral private right action ny party aggrieved determination may bring action appropriate federal district cf steel supra even statutory provision uses word jurisdiction may relate jurisdiction see also davis passman finally none provisions act evince intent preclude federal review commission determination anything reinforce conclusion silence subject leaves jurisdictional grant untouched otherwise applicable jurisdiction meant excluded excluded expressly section provides state shall jurisdiction review action state commission approving rejecting agreement section sum nothing act displays intent withdraw federal jurisdiction presume statute means neither says fairly iii commission nonetheless contends eleventh amendment bars verizon claim individual commissioners worldcom verizon counter commission subject suit voluntarily participated regulatory regime established act whether commission waived immunity another question need decide parties also argue even absent waiver verizon may proceed individual commissioners official capacities pursuant doctrine ex parte young 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 idaho coeur tribe idaho joined scalia thomas concurring part concurring judgment see also souter dissenting joined stevens ginsburg breyer verizon sought injunctive declaratory relief alleging commission order requiring payment reciprocal compensation act fcc ruling prayer injunctive relief state officials restrained enforcing order contravention controlling federal law clearly satisfies straightforward inquiry approved injunction suits state regulatory commissioners like contexts see prentis atlantic coast line hen rate fixed bill commission restrain members enforcing bad suit state proper form remedy alabama pub serv southern mcneill southern smyth ames reagan farmers loan trust indeed ex parte young suit state officials including state utility commissioners though state attorney general appealed enjoin enforcement railroad commission order requiring reduction rates insofar exposure state concerned prayer declaratory relief adds nothing prayer injunction fourth circuit suggested verizon claim brought ex parte young commission order probably inconsistent federal law noted fcc ruling relied upon verizon seem require compensation isp traffic appeals circuit vacated ruling commission interpreted interconnection agreement state principles may may true fcc ruling support verizon claim may may also true state contract law federal law verizon contends applies disputes regarding interpretation verizon agreement inquiry whether suit lies ex parte young include analysis merits claim see coeur supra allegation ongoing violation federal law ordinarily sufficient emphasis added act display intent foreclose jurisdiction ex parte young concluded indian gaming regulatory act seminole tribe florida indian tribe sued state florida violating duty negotiate imposed act congress specified means enforce duty provision intended define also limit significantly duty imposed intricate procedures set forth provision prescribed issue order directing state negotiate require state submit mediation order secretary interior notified concluded quite modest set sanctions displayed intent provide complete immediate relief otherwise available ex parte young permitting suit ex parte young thus inconsistent detailed remedial scheme limited one congress prescribed enforce state statutory duty negotiate commission argument constitutes detailed exclusive remedial scheme like one seminole tribe implicitly excluding ex parte young actions without merit section provides state commissions make certain determinations aggrieved party may bring suit federal establish compliance requirements even regard determinations covers places restriction relief award even say suit brought state commission individual commissioners carriers benefiting state commission order mere fact congress authorized federal courts review whether commission action complies without impose upon state liability significantly limited liability imposed upon state officer ex parte young seminole tribe supra conclude provides basis jurisdiction verizon claim commission order requiring reciprocal compensation calls federal law also conclude doctrine ex parte young permits verizon suit go forward state commissioners official capacities vacate judgment appeals remand cases proceedings consistent opinion ordered justice took part consideration decision cases verizon maryland petitioner public service commission maryland et al petitioner public service commission maryland et al writs certiorari appeals fourth circuit may justice kennedy concurring reasons well stated agree verizon maryland may proceed state commissioners official capacity doctrine ex parte young plaintiff seeks enjoin state utility commissioner enforcing order alleged violate federal law eleventh amendment poses bar see idaho coeur tribe idaho principal opinion kennedy joined rehnquist unlike case idaho coeur tribe idaho supra plaintiffs tried use ex parte young divest state sovereignty territory within boundaries case straightforward inquiry endorses ante proves complex coeur seven members described ex parte young requiring nothing allegation ongoing violation federal law request prospective relief divided four three however whether deceptively simple test met view ex parte young jurisprudence requires careful consideration sovereign interests state well obligations state officials respect supremacy federal law see coeur supra principal opinion kennedy joined rehnquist believe approach whether stated express terms path followed coeur well many cases preceding also believe necessary otherwise eleventh amendment ex parte young become legal fiction complaint case however parallels suit permitted ex parte young brief explanation join opinion verizon maryland petitioner public service commission maryland et al petitioner public service commission maryland et al writs certiorari appeals fourth circuit may justice souter justice ginsburg justice breyer join concurring join opinion part iii rests ground us agree assumption eleventh bar relief available doctrine ex parte young although assumption apparently made start litigation think open doubt write separately question whether cases even implicate eleventh amendment state maryland named defendant nominal one verizon maryland private party suing seek money damages sort declaratory injunctive relief private verizon seek order enjoining state enforcing purely rate orders dubious constitutionality relief requested ex parte young instead verizon claims maryland public service commission wrongly decided question federal decisional power conferred telecommunications act act power person may wield verizon accordingly seeks simple order relief running state commission different adjudication federal question means appellate review federal district whose jurisdiction entertain claim error today affirmed district see things verizon way reverse state commission qua federal regulator dishonor done dignity state accepted congressionally conferred power decide matters federal law first instance one answer might even naming state commission defendant suit declaratory injunctive relief federal unconstitutional indignity see right least suit seek bar state authority applying enforcing state law request declaratory injunctive relief simply formality obtaining process review cf davis administrative law treatise ed suit injunction declaratory judgment district always available reach reviewable federal administrative action absence specific statute making remedy exclusive nominal position state defendant must regarded settled doctrine question whether suit within prohibition amendment always determined reference nominal parties record ayers alteration original quoting poindexter greenhow applicability eleventh amendment pivots formalism state found wrong side case name regulatory appeal constitutional immunity becomes nothing accident captioning practice utility cases reviewed courts matter formal nominal position governmental body circumstances even universal practice regulatory commission generally nominal defendant party appeals federal uniform practice among several caption utility cases judicial review terms appealing credible response maryland credit advances state strong interest case adjudication federal question see supplemental brief respondents adverse ruling one appeal doubt affect state commission ruling future cases true time state decides federal question successful appeal made one thinks eleventh amendment applies instance see cohens virginia wheat writ error decision suit eleventh amendment mckesson division alcoholic beverages tobacco dept business regulation eleventh amendment constrain appellate jurisdiction cases arising state courts unanimous cf art vi constitution laws shall law land whether issue comes decision federal reviewing state determination question federal law neither prudent natural see review impugning dignity state implicating sovereign immunity federal system footnotes together public service commission maryland et also certiorari footnotes section interconnection agreement provides reciprocal compensation described act refers payment arrangements recover costs incurred transport termination local traffic originating one party network terminating party network turn defines local traffic originated customer one party party network terminates customer party party network within given local calling area expanded area service eas area defined bell atlantic effective customer tariffs local traffic include traffic originated terminated commercial mobile radio service carrier fourth circuit suggested maryland law federal communications act grant commission authority interpret enforce interconnection agreements approves citing md pub util code ann parties dispute whether fact federal state law confers authority party contends commission lacked jurisdiction interpret enforce agreement commission also suggests doctrine precludes federal district exercising jurisdiction verizon claim see district columbia appeals feldman rooker fidelity trust doctrine merely recognizes grant original jurisdiction authorize district courts exercise appellate jurisdiction judgments congress reserved see doctrine application judicial review executive action including determinations made state administrative agency footnotes set aside moment continuing conviction interpretation eleventh amendment majority embraced fundamentally mistaken see alden maine dissenting opinion seminole tribe florida dissenting opinion judicial power shall construed extend suit law equity commenced prosecuted one citizens another state citizens subjects foreign state amdt compare board trustees univ garrett money damages state employer title americans disabilities act kimel florida bd regents money damages state employer age discrimination employment act alden maine supra money damages state employer fair labor standards act state florida prepaid postsecondary ed expense bd college savings bank money damages injunctive declaratory relief state patent infringement college savings bank florida prepaid postsecondary ed expense trademark violations seminole tribe supra suit compel state negotiate good faith hans louisiana money damages failure honor state securities seminole tribe majority observed relief sought plaintiff suing state irrelevant question whether suit barred eleventh amendment said context suit injunctive relief enforce duty negotiate opposed money damages point conventional relief sorts declaratory relief different kind judicial review agency action sought cases whether interpretation provision privately negotiated interconnection agreement presents federal issue different question neither address present judicial review fcc determinations act committed directly courts appeal see fed rule app proc see hawaiian electric haw petition interstate power app appeal campaign ratepayers rights petition declaratory ruling northwestern public service citizens utilities fourth circuit obliquely questioned strength state interest noting maryland law necessary state commission much less individual commissioners party appeal review determinations bell atlantic mci worldcom maryland statute fourth circuit cited md pub util code ann provide commission may must party appeal maryland courts specified public service commission one certain agencies functions identified execution definite public policy representative state participation litigation affecting decisions regarded legislature essential adequate protection state interests calvert county planning howlin realty management md app quoting zoning appeals board mckinney md app possible ground distinction reviews decisions federal district initially reviews decisions act argument constitution requires controversy state dignitary interests implicated decided federal sign respect state sovereignty see farquhar georgia iredell reprinted documentary history pp marcus ed may also fairly presumed several thought important stipulate awful important trial state party cognizable position long rejected inconsistent doctrine congressional abrogation presumes may sued federal district first instance congress properly provides see seminole tribe