3 ms·
What is the relationship here with the idea of Sovereign Immunity. Which I (quite possibly wrongly) understand that you can't sue the US government ... unless i
by rdtsc 10y ago
What is the relationship here with the idea of Sovereign Immunity. Which I (quite possibly wrongly) understand that you can't sue the US government ... unless it allows itself to be sued. Does this mean in his matter the US government has allowed itself to be sued. And then how would it go about disallowing itself to be sued. Can it decide tomorrow to say "no, can't sue us anymore regarding immigration".
I didn't find immigration here for example. Maybe I missed it:
https://en.wikipedia.org/wiki/Sovereign_immunity_in_the_United_States https://en.wikipedia.org/wiki/Sovereign_immunity_in_the_Unit...
- pdabbadabba 10y agoThis area of law is complicated, but the answer is: a little of each. The usual strategy is to circumvent sovereign immunity through a nifty legal trick: sue agents of the government in their individual capacity. https://www.law.cornell.edu/wex/bivens_actions https://www.law.cornell.edu/wex/bivens_actions That appears to be what they did here. Note that the first defendant is Donald Trump, not the United States. (This presents its own set of challenges, that I'm glossing over here. But this is the general approach.) There are also statutes waiving sovereign immunity in a number of cases. The Federal Torts Claims Act is the big one. https://www.law.cornell.edu/uscode/text/28/2674 https://www.law.cornell.edu/uscode/text/28/2674
- rdtsc 10y agoThank you for answering.