Santee Sioux Tribe v. State of Nebraska’s Empirical Analysis
121 F.3d 427 · 1997
Citation profile
19 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 31 later decisions — most recently December 2016 · most notably Becker v. University of Nebraska (1999), John Doe v. The State of Nebraska (2003)
19 federal appellate · 2 district · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Ex Parte: Edward T Young · Pennhurst State School and Hospital v. Halderman · Seminole Tribe of Florida v. Florida · Atascadero State Hospital v. Scanlon · Ford Motor Co. v. Department of Treasury
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Eleventh Amendment, which applies only to suits ‘commenced or prosecuted against one of the United States,’ presents no bar to a state affirmatively entering a federal forum voluntarily to pursue its own interests. But it would violate the fundamental fairness of judicial process to allow a state to proceed in federal court and at the same time strip the defendant of valid defenses because they might be construed to be affirmative claims against the state. When a state authorized its officials voluntarily to invoke federal process In a federal forum, the state thereby consents to the federal forum’s rules of procedure and may not invoke sovereign immunity to protect itself against the interposition of defense to its action.”
2 later decisions quote this exact passage · from the majority“'only where stated "by the most express language or by such overwhelming implication from the text [of a state statutory or constitutional provision] as [will] leave no room for any other reasonable construction.”
2 later decisions quote this exact passage · from the majority“[T]he Nebraska assistant attorney general's conduct in answering the complaint and filing a counterclaim does not constitute a waiver of Nebraska's Eleventh Amendment immunity.”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.