The Supreme Court announced today that it will hear Zurich Insurance Co. v. Chatham County (04-1618), a sovereign immunity case. I think I know how Harriett Miers will vote in this case if she is confirmed to the Supreme Court. Here is SCOTUSblog’s summary of the case:
Seven questions are raised in the petition, all dealing with a county government’s claim of sovereign immunity when a drawbridge over a waterway collapsed, damaging a boat underneath. The Eleventh Circuit ruled that Chatham County was acting as an “arm of the state” in operating the drawbridge, and thus was entitled to “residual sovereign immunity” based on the common law, rather than the Eleventh Amendment. The petition contends that the county alone would be liable for any money damages for defective operation of a drawbridge.
I’m pretty sure that, if confirmed, Hariett Miers will vote to hold everyone liable for the defective design and building of the drawbridge. Why? Because she’s a strict constructionist.
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