Issue: Whether, under the principles of Lapides v. Board of Regents of University System of Georgia a State waives its sovereign immunity when it voluntarily invokes federal jurisdiction by removing a case to federal court, regardless of whether the State has relinquished that immunity in its own courts.
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.