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VA. OFFICE FOR PROT. AND ADVOC. v. STEWART

No. 09-529.

131 S.Ct. 1632 (2011)

563 U.S. 247

VIRGINIA OFFICE FOR PROTECTION AND ADVOCACY, Petitioner, v. James W. STEWART III, Commissioner, Virginia Department of Behavioral Health and Developmental Services, et al.

Supreme Court of United States.

Decided April 19, 2011.

Attorney(s) appearing for the Case

Seth M. Galanter , Washington, DC, for petitioner.

Ginger D. Anders , for United States as amicus curiae, by special leave of the Court, supporting petitioner.

Solicitor General Earie Duncan Getchell, Jr. , Richmond, VA, for respondents.

Justice Kagan recused.

Paul J. Buckley , Managing Attorney, Virginia Office for Protection and Advocacy, Richmond, VA, Deanne E. Maynard , Seth M. Galanter , Counsel of Record, Brian R. Matsui , Morrison & Foerster LLP, Washington, DC, for petitioner.

Kenneth T. Cuccinelli, II , Attorney General of Virginia, E. Duncan Getchell, Jr. , Solicitor General, Counsel of Record, Wesley G. Russell, Jr. , Deputy Attorney General, William E. Thro , Special Counsel, Charles E. James, Jr. , Chief Deputy Attorney General, Stephen R. McCullough , Senior Appellate Counsel, Office of the Attorney General, Richmond, VA, for Respondents.

Justice SCALIA delivered the opinion of the Court.

We consider whether Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 S.Ct. 714 (1908), allows a federal court to hear a lawsuit for prospective relief against state officials brought by another agency of the same State.

I

A

The Developmental Disabilities Assistance and Bill of Rights Act of 2000 (DD Act), 114 Stat. 1677, 42 U.S.C. § 15001 et...

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