274
Opinion of Kennedy, J.
multiplicity of suits causing irreparable damage, or [the] lack of proper opportunities for [state] review." Warren, Federal and State Court Interference, 43 Harv. L. Rev. 345, 377-378 (1930).
The reluctance to place much reliance on the availability of a state forum can be understood in part by the prevalence of the idea that if a State consented to suit in a state forum it had consented, by that same act, to suit in a federal forum. See, e. g., Davis v. Gray, 16 Wall. 203, 221 (1873); Reagan v. Farmers' Loan & Trust Co., supra, at 391. Today, by contrast, it is acknowledged that States have real and vital interests in preferring their own forums in suits brought against them, interests that ought not to be disregarded based upon a waiver presumed in law and contrary to fact. See, e. g., Edelman v. Jordan, 415 U. S., at 673. In this case, there is neither warrant nor necessity to adopt the Young device to provide an adequate judicial forum for resolving the dispute between the Tribe and the State. Idaho's courts are open to hear the case, and the State neither has nor claims immunity from their process or their binding judgment.
C
Even if there is a prompt and effective remedy in a state forum, a second instance in which Young may serve an important interest is when the case calls for the interpretation of federal law. This reasoning, which is described as the interest in having federal rights vindicated in federal courts, can lead to expansive application of the Young exception. See, e. g., Green v. Mansour, 474 U. S. 64, 68 (1985) (explaining that Young furthers the federal interest in vindicating federal law); Pennhurst, 465 U. S., at 105 ("[T]he Young doctrine has been accepted as necessary to permit the federal courts to vindicate federal rights" (citation omitted)). It is difficult to say States consented to these types of suits in the plan of the Convention. Neither in theory nor in practice has it been shown problematic to have federal claims re-
Page: Index Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: October 4, 2007