Supreme Court Agrees that State Agency Can Bring Suit in Federal Court

Amicus Brief – Supreme Court Agrees that State Agency Can Bring Suit in Federal CourtIn a victory for the supremacy of federal law under Ex Parte Young, the Supreme Court ruled April 19, 2011 that the Virginia Office for Protection and Advocacy (VOPA), set up as a state agency, can bring suit in federal court to compel state officials in charge of state-run mental hospitals to release medical records. The Federal Rights Project was the lead author and counsel of record for the amicus brief on behalf of AARP, NSCLC, the ARC of the United States, the National Health Law Program, and United Cerebral Palsy. The amicus brief argued that the supremacy of federal safety-net and civil rights statutes could be jeopardized by an unbounded exception to Ex parte Young for state sovereign interests and “dignity.” It also stated that the Fourth Circuit opinion seriously compromises the ability of Protection and Advocacy organizations to remedy and prevent abuse of older persons and people with disabilities.

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