Cite as: 503 U. S. 30 (1992)
Stevens, J., dissenting
its persistent threat to the impartial administration of justice has been repeatedly acknowledged and recognized.11 Thus, in Federal Housing Authority v. Burr, 309 U. S. 242, 245 (1940), we remarked on "the current disfavor of the doctrine of governmental immunity from suit." 12
Time after time Congress has taken action to ameliorate the hardship of the doctrine. A half century ago this Court observed:
"A sense of justice has brought a progressive relaxation by legislative enactments of the rigor of the immunity rule. As representative governments attempt to ameliorate inequalities as necessities permit, prerogatives of the government yield to the needs of the citizen. . . . When authority is given, it is liberally construed." United States v. Shaw, 309 U. S. 495, 501 (1940).
In the bankruptcy context, the Court has noted that there is no reason why the Federal Government should be treated
their independence from the Crown"); Langford v. United States, 101 U. S. 341, 343 (1880) ("We do not understand that . . . the English maxim [that the king can do no wrong] has an existence in this country").
11 See, e. g., Davis, Sovereign Immunity Must Go, 22 Admin. L. Rev. 383, 383-384, 389-393 (1969); Pugh, Historical Approach to the Doctrine of Sovereign Immunity, 13 La. L. Rev. 476, 492 (1953); Borchard, Government Liability in Tort, 34 Yale L. J. 1, 1-2, 31, 33 (1924).
12 Many legal scholars have been similarly critical of the doctrine. See, e. g., Comment, Sovereign Immunity—An Anathema to the "Constitutional Tort," 12 Santa Clara Law. 543, 553, and n. 60 (1972) (collecting authorities); Cramton, Nonstatutory Review of Federal Administrative Action: The Need for Statutory Reform of Sovereign Immunity, Subject Matter Jurisdiction, and Parties Defendant, 68 Mich. L. Rev. 387, 418-419 (1970); Davis, supra n. 11; Pugh, supra n. 11, at 494.
Recognizing the lack of current justification for and the inequities caused by this judicially created doctrine, several state courts have abrogated or limited the immunity of state and local governments. See Note, Rethinking Sovereign Immunity after Bivens, 57 N. Y. U. L. Rev. 597, 603, and n. 26 (1982) (collecting cases).
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