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Justices consider whether individuals can sue states over English-only tests

In this story: Alabama: Citizens cannot sue Sandoval's arguments Narrow question in the case RELATED STORIES, SITES

By Raju Chebium
CNN.com Correspondent

WASHINGTON (CNN) -- Congress did not give private citizens the right to sue states to enforce federal law, a lawyer for Alabama told the U.S. Supreme Court during oral arguments Tuesday in Mexican immigrant's lawsuit that challenged Alabama's English-only driver's license test on grounds it violates the Civil Rights Act.

Jeffrey Sutton, arguing for Alabama in Alexander v. Sandoval, said Martha Sandoval does not have the right to sue the Alabama Department of Public Safety.

ALSO Reporter's notebook: Attorneys debate implied right to sue

VIDEO CNN's Charles Bierbauer reports on an immigrant's right to sue Alabama over English-only driver's tests Play video (QuickTime, Real or Windows Media)

FULL TEXT • 11th U.S. Circuit Court of Appeals Sandoval v. Hagan • Title VI of the Civil Rights Act of 1964 42 USC 2000d • Alabama Constitution Amendment 509 English only statute • Brief in support of Respondents • Amicus Curiae brief of U.S. English (FindLaw) Documents in PDF format require Adobe Acrobat Reader for viewing.  MESSAGE BOARD English only?

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But he conceded that prior high court decisions give federal agencies giving money to states to file suit if the states are determined to be violating federal law.

Sandoval filed a class-action lawsuit in December 1996, alleging that the state discriminated against her and other non-English speakers and violated the Civil Rights Act of 1964 in the process.

Her lawsuit invoked the so-called Spending Clause of the Constitution, which says the federal government has the right to impose conditions on states receiving federal money.

The U.S. Department of Transportation requires state agencies to comply with the Civil Rights Act and other federal laws, her lawyers alleged in court papers.

In 1990, Alabama amended its constitution to declare English its official language. In 1991, the public-safety agency began giving the tests only in English, though it gave the test in 14 foreign languages from the 1970s until 1991, court papers show.

Alabama: Citizens cannot sue

Sutton argued Tuesday states and local governments are sovereign entities under the Constitution and private citizens cannot file suit against states to enforce federal laws.

Sutton said prior Supreme Court decisions have given federal agencies, not private citizens, the right to sue state agencies.

"How in the world can a private individual say to a state that (it is) not in compliance?" Sutton asked. "You can't alter federal-state bounds."

Federal agencies giving out the money -- the DOT in this case -- and agencies responsible for ensuring state compliance of federal laws -- the U.S. Department of Justice -- are the ones with the right to sue states, Alabama argued in court papers. Alabama receives millions of dollars of DOT money each year.

Sutton also argued that Congress did not specifically mention in the text of the Civil Rights Act that private citizens have the right to sue state agencies to enforce the law's provisions, rejecting Sandoval's claims that she has an "implied" right to sue.

Justice Stephen Breyer acknowledged that the Civil Rights Act is "silent" on the question of private lawsuit. But he added, however, that citizens could have the right to sue for "injunctive" relief and not try to win money from the state.

A lawsuit seeking injunctive relief seeks a change in action on the part of the entity being sued. In this case, Sandoval wants the state to give driver's license tests in other languages besides English.

Sandoval's arguments

Eric Schnapper, Sandoval's attorney, accused Alabama of "proposing a substantial change in law" and a urging the high court to institute a "fundamental change in federal-state relations."

He said the court has ruled previously that there is an "implied cause of action" -- an implied right for private individuals to sue states.

"We think there is a implied cause of action in the 1964 act, as written," he said.

Solicitor General Seth Waxman, arguing for the federal government, said courts have given private citizens such a right for more than 25 years in cases where private lawsuits sought to enforce state compliance of federal laws designed to protect people from discrimination and other abuses.

A ruling now saying that such a right does not exist could stymie legal efforts by people to enforce provisions of other sweeping federal laws such as Medicaid and Medicare legislation, Waxman warned.

The legislative, executive and judicial branches have a "shared understanding" that private individuals do have the right to sue, Waxman said.

Narrow question in the case

The scope of Alexander v. Sandoval is narrow. The nation's highest court is being asked to decide if Sandoval can indeed sue the state in the first place. Her lawsuit names James Alexander, head of Alabama's public-safety chief.

The court is not being asked to rule on the constitutional merits of English-language tests and laws requiring some level of English proficiency.

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Supreme Court of the United States
Southern Poverty Law Center
American Civil Liberties Union
Center for Multilingual, Multicultural Research
ACLU Briefing paper on English-only laws
Alabama Attorney General home page
Alabama Department of Public Safety
Office of the Solicitor General home page

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