The Story of Ex Parte Young: Once Controversial, Now Canon

Federal Courts Stories, Forthcoming

NYU School of Law, Public Law Research Paper No. 09-33

27 Pages Posted: 22 May 2009  

Barry Friedman

New York University School of Law

Date Written: May 18, 2009

Abstract

This is a chapter in the forthcoming federal courts stories. Ex parte Young is a central part of the federal courts canon, yet the underlying historical details are little known or understood. This is unfortunate. Many cases in the canon are contested by advocates of greater or lesser federal court intervention. Ex parte Young, however, is bedrock, almost universally admired across the ideological spectrum. At the time, though, this decision opening the doors to federal court was widely condemned by progressives who disdained judicial involvement in economic legislation. The Story of Ex Parte Young tells of the cases’ origins in Reconstruction and the Gilded Age, shedding light on how we should understand this now widely-accepted decision.

Suggested Citation

Friedman, Barry, The Story of Ex Parte Young: Once Controversial, Now Canon (May 18, 2009). Federal Courts Stories, Forthcoming; NYU School of Law, Public Law Research Paper No. 09-33. Available at SSRN: https://ssrn.com/abstract=1406696

Barry Friedman (Contact Author)

New York University School of Law ( email )

40 Washington Square South
Room 317
New York, NY 10012-1099
United States
212-998-6293 (Phone)
212-995-4030 (Fax)

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