Cite as: 521 U. S. 261 (1997)
Opinion of Kennedy, J.
been "stripped" of his official or representative character. See Young, supra, at 159-160; Poindexter, supra, at 288.
With the growth of statutory and complex regulatory schemes, this mode of analysis might have been somewhat obscured. Part of the significance of Young, in this respect, lies in its treatment of a threatened suit by an official to enforce an unconstitutional state law as if it were a common-law tort. See 209 U. S., at 158 (treating this possibility as a "specific wrong or trespass"); id., at 167 ("The difference between an actual and direct interference with tangible property and the enjoining of state officers from enforcing an unconstitutional act, is not of a radical nature"). Treatment of a threatened suit to enforce an unconstitutional statute as a tort found support in Reagan v. Farmers' Loan & Trust Co., 154 U. S. 362 (1894), and Smyth v. Ames, 169 U. S. 466 (1898). See Currie, Sovereign Immunity and Suits Against Government Officers, 1984 S. Ct. Rev. 149, 154, and n. 35. By employing the common-law injury framework, the Young Court underscored the inadequacy of state procedures for vindicating the constitutional rights at stake. 209 U. S., at 163-166. The enforcement scheme in Young, which raised obstacles to the vindication of constitutional claims, was not unusual. See, e. g., Willcox v. Consolidated Gas Co., 212 U. S. 19, 53-54 (1909) (discussing the "enormous and overwhelming" penalties for violating the challenged statutes); Western Union Telegraph Co. v. Andrews, 216 U. S. 165 (1910) (penalties for each violation of the challenged statute included $1,000 fine); Herndon v. Chicago, R. I. & P. R. Co., 218 U. S. 135, 151 (1910) (penalties for violating the challenged statute could "in a short time . . . amount to many thousands of dollars"); Oklahoma Operating Co. v. Love, 252 U. S. 331, 336 (1920) (penalties for violations are "such as might well deter even the boldest and most confident"). In many situations, as in the above-cited cases, the exercise of a federal court's equitable jurisdiction was necessary to avoid "excessive and oppressive penalties, [the] possibility of [a]
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