Troubling language in the American Jobs Act
Quote:
“SEC. 376. FEDERAL AND STATE IMMUNITY.
(a) Abrogation of State Immunity- A State shall not be immune under the 11th Amendment to the Constitution from a suit brought in a Federal court of competent jurisdiction for a violation of this Act.
(b) Waiver of State Immunity-
(1) IN GENERAL-
(A) WAIVER- A State's receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise, to a suit brought by an employee or applicant for employment of that program or activity under this Act for a remedy authorized under Section 375(c) of this Act.
(B) DEFINITION- In this paragraph, the term `program or activity' has the meaning given the term in section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a).
here's the section from the civil rights act of 1964:
Quote:
For the purposes of this subchapter, the term “program or activity” and the term “program” mean all of the operations of—
(1)
(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or
(B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;”
Then in Section 376:
Quote:
“ (2) EFFECTIVE DATE- With respect to a particular program or activity, paragraph (1) applies to conduct occurring on or after the day, after the date of enactment of this Act, on which a State first receives or uses Federal financial assistance for that program or activity.”
...
“(c) Remedies Against State Officials- An official of a State may be sued in the official capacity of the official by any employee or applicant for employment who has complied with the applicable procedures of this Act, for relief that is authorized under this Act.
“(d) Remedies Against the United States and the States- Notwithstanding any other provision of this Act, in an action or administrative proceeding against the United States or a State for a violation of this Act, remedies (including remedies at law and in equity) are available for the violation to the same extent as such remedies would be available against a non-governmental entity.”
So basically, as soon as the Jobs act is passed, any state that accepts aid in any form, gives up sovereignty (basically cancelling out any legal challenge to Obamacare) and opens themselves up to lawsuits. Arizona wants an immigration law? Fine, but now every illegal immigrant can now sue the state basically bankrupting them and forcing them to have to legally defend themselves costing millions in taxpayer dollars. Or in english, accept our will or we'll make you pay for challenging it. Wisconsin's Union unfriendly laws wouldn't be a factor anymore, because the unions can just have every member file suit.
I wonder why people write these things and then think no one will catch them or figure out the possibilities if these things were actually passed. Do you honestly think any State is going to freely give up sovereignty?
