144
Opinion of the Court
risks of discovery and trial—would be forfeited, much as the benefit of the bond requirement would have been forfeited in Cohen. "The entitlement is an immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial." Mitchell, supra, at 526 (emphasis in original).
Petitioner maintains, and we agree, that the same rationale ought to apply to claims of Eleventh Amendment immunity made by States and state entities possessing a claim to share in that immunity. Under the terms of the Amendment, "[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State . . . ." This withdrawal of jurisdiction effectively confers an immunity from suit. Thus, "this Court has consistently held that an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another State." Edelman v. Jordan, 415 U. S. 651, 662-663 (1974). Absent waiver, neither a State nor agencies acting under its control may "be subject to suit in federal court." Welch v. Texas Dept. of Highways and Public Transportation, 483 U. S. 468, 480 (1987) (plurality opinion); see also Will v. Michigan Dept. of State Police, 491 U. S. 58, 66 (1989); Cory v. White, 457 U. S. 85, 90-91 (1982); Alabama v. Pugh, 438 U. S. 781 (1978) (per curiam); Mt. Healthy City Bd. of Ed. v. Doyle, 429 U. S. 274, 280 (1977).
Once it is established that a State and its "arms" are, in effect, immune from suit in federal court, it follows that the elements of the Cohen collateral order doctrine are satisfied. "To come within the 'small class' of . . . Cohen, the order must [1] conclusively determine the disputed question, [2] resolve an important issue completely separate from the merits of the action, and [3] be effectively unreviewable on appeal from a final judgment." Coopers & Lybrand v.
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