A citizen of State A files a lawsuit in federal court against State B, alleging that State B violated their constitutional rights. State B moves to dismiss the lawsuit, arguing that it is immune from suit under the Eleventh Amendment. Which of the following circumstances would most likely allow the lawsuit to proceed?
The lawsuit is filed in a state court rather than a federal court.
Congress has expressly abrogated state sovereign immunity by enacting legislation under Section 5 of the Fourteenth Amendment to address constitutional violations.
State B has been sued by another state, which has also intervened in this lawsuit in support of the citizen's claims.
The citizen seeks monetary damages, and the violation is alleged to have occurred within the citizen's state of residence.
The correct answer identifies a situation in which Congress properly abrogates state sovereign immunity under the Eleventh Amendment. When Congress acts under its enforcement powers granted by Section 5 of the Fourteenth Amendment, it can override state sovereign immunity if it creates legislation that is congruent and proportional to addressing violations of constitutional rights, such as equal protection or due process. Other answers are incorrect because exceptions to Eleventh Amendment immunity are limited and require specific conditions, such as consent to be sued or valid congressional abrogation.
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What is state sovereign immunity?
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What is Section 5 of the Fourteenth Amendment?
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What does it mean for legislation to be 'congruent and proportional'?