Idaho v. Coeur d'Alene Tribe of Idaho, 521 U.S. 261, 51 (1997)

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

Souter, J., dissenting

against a state official, action in violation of valid federal law was necessarily beyond the scope of any official authority, thus rendering the official an individual for Eleventh Amendment purposes and thus obviating an encroachment on the State's immunity. 209 U. S., at 159-160; see also Pennhurst, 465 U. S., at 102-103, 105; Quern, 440 U. S., at 337; Scheuer v. Rhodes, 416 U. S. 232, 237 (1974) (noting that since Young, "it has been settled that the Eleventh Amendment provides no shield for a state official confronted by a claim that he had deprived another of a federal right under the color of state law").

In this case, indeed, the allusion to conformity with state law is doubly misplaced, for it is common ground here that state law is irrelevant if under federal law the combined executive and congressional action vested title to the submerged lands in the Tribe. Each party is claiming under federal law, and the only issue is whether the regulatory action by the state officials is authorized or ultra vires as judged under that federal law. The jurisdictional question is posed, in other words, just as if this were a suit against a federal officer, as in Larson, 337 U. S., at 701-702, and this case is essentially like Treasure Salvors, 458 U. S., at 675- 676, and n. 5, 695-697, in which the outcome turned directly on title under federal law.

B

The principal opinion's next reason for displacing Young rests on its view that the declaratory and injunctive relief the Tribe seeks is functionally equivalent to a money judgment and thus would amount to an impermissibly retrospective remedy. "[I]f the Tribe were to prevail, Idaho's sovereign interest in its lands and waters would be affected in a degree fully as intrusive as almost any conceivable retroactive levy upon funds in its Treasury." Ante, at 287. The principal opinion's assumption, in other words, is that intrusiveness is retrospectivity, an equation false to customary language usage and antithetical under extant Eleventh

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