Supreme Court Briefs in Ferderalism Cases Available

The Supreme Court will hear argument in the first week in December in two companion cases raising significant federalism issues. The lead case is Mathias v. Worldcom Technologies, Inc., No. 00-878. The other case is Verizon Maryland, Inc. v. Public Service Commission of Maryland, Nos. 00-1531 and 00-1711.

The two federalism questions that the Supreme Court specifically identified in the grant of certiorari are:
(1) Whether a state commission’’s acceptance of Congress’’ invitation to participate in implementing a federal regulatory scheme that provides that state commission determinations are reviewable in federal court constitutes a waiver of Eleventh Amendment immunity;
(2) Whether an official capacity action seeking prospective relief against state public utility commissioners for alleged ongoing violations of federal law in performing federal regulatory functions under the federal Telecommunications Act of 1996 can be maintained under the Ex parte Young doctrine.

Many of the briefs in the case are available on Westlaw (database SCT-brief) and Lexus. The U.S. Justice Department briefs, which are the most interesting for federalism considerations, are available on its website, http://www.usdoj.gov/osg/briefs/2001/2001brieftypes.html.