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> I am not an expert, but isn't Kimel about the scope of Congress's power?
Sure, that's what an 11th A challenge raises, the question of whether Congress has the power to abrogate state sovereign immunity.
>From which state immunity followed. Now, I am all aboard if we are taling
>about the Court's Section 5 14th Amendment jurisprudence. That is what I
>thought ultimately determined the outcome in Kimel. Again I am not an
>expert Justin, so this is not a gotcha kind of question.
Alas, I am; I wrote a little thing on this for Martha at the time that GArrett was in the works thats hould be in the archives. An opinion i worked very hard on for Judge Cummings was reversed by Kimel, so I feel personally bitter about this. Or you can look up the reversed opinion: Wichmann v. Southern Illinois University, I was right and the Court was wrong. Unfortunately they're the Court,. and my opinion draft (as modified) was only issued by the 7C (per curiam).
jks
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