Idaho v. Coeur d'Alene Tribe of Idaho, 521 U.S. 261, 17 (1997)

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Cite as: 521 U. S. 261 (1997)

Opinion of Kennedy, J.

federal forum based on a federal right, the Eleventh Amendment, in most cases, is not a bar. See, e. g., Willcox, 212 U. S., at 40. Indeed, since Edelman we have consistently allowed suits seeking prospective injunctive relief based on federal violations to proceed. Last Term, however, we did not allow a suit raising a federal question to proceed based on Congress' provision of an alternative review mechanism. Whether the presumption in favor of federal-court jurisdiction in this type of case is controlling will depend upon the particular context. What is really at stake where a state forum is available is the desire of the litigant to choose a particular forum versus the desire of the State to have the dispute resolved in its own courts. The Eleventh Amendment's background principles of federalism and comity need not be ignored in resolving these conflicting preferences. The Young exception may not be applicable if the suit would "upset the balance of federal and state interests that it embodies." Papasan v. Allain, 478 U. S. 265, 277 (1986). The exception has been "tailored to conform as precisely as possible to those specific situations in which it is necessary to permit the federal courts to vindicate federal rights." Ibid. (citation and internal quotation marks omitted); see also Pennhurst, 465 U. S., at 104, n. 13.

The course of our case law indicates the wisdom and necessity of considering, when determining the applicability of the Eleventh Amendment, the real affront to a State of allowing a suit to proceed. As we explained in Ford Motor Co. v. Department of Treasury of Ind., 323 U. S. 459 (1945): "[T]he nature of a suit as one against the state is to be determined by the essential nature and effect of the proceeding." Id., at 464. We held that "when the action is in essence one for the recovery of money from the state, the state is the real, substantial party in interest and is entitled to invoke its sovereign immunity from suit even though individual officials are nominal defendants." Ibid. In re Ayers, cited with approval in Young, stated that it is not "conclu-

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