178
Ginsburg, J., dissenting
I catalog first the decisions, in addition to the Seventh Circuit's, that the Court today overrides: Volkswagen de Puerto Rico, Inc. v. Puerto Rico Labor Relations Bd., 454 F. 2d 38, 42 (CA1 1972) (permitting a district court to conduct on-the-record review of a decision of the Puerto Rico Labor Relations Board under § 1331 "would place a federal court in an improper posture vis-a-vis a non-federal agency"); Armi-stead v. C & M Transport, Inc., 49 F. 3d 43, 47 (CA1 1995) ("As courts of original jurisdiction, federal district courts sitting in diversity jurisdiction do not have appellate power, nor the right to exercise supplementary equitable control over original proceedings in the state's administrative tribunals."); Frison v. Franklin County Bd. of Ed., 596 F. 2d 1192, 1194 (CA4 1979) (District Court should have declined pendent jurisdiction over a state-law claim "because it is essentially a petition for judicial review of state administrative action rather than a distinct claim for relief"); Fairfax County Redevelopment & Housing Auth. v. W. M. Schlosser Co., 64 F. 3d 155, 158 (CA4 1995) ("Because the district court is 'a court of original jurisdiction,' not 'an appellate tribunal,' and, thus, is without jurisdiction 'to review on appeal action taken administratively or judicially in a state proceeding,' it was without jurisdiction [under § 1332] to conduct such a review of the County Executive's finding.") (citations omitted); Labiche v. Louisiana Patients' Compensation Fund Oversight Bd., 69 F. 3d 21, 22 (CA5 1995) ("We have reviewed [28 U. S. C. §§ 1330-1368] and none would authorize appellate review by a United States District Court of any actions
the Court held it would violate the Eleventh Amendment for a federal court to entertain, without the State's consent, "a claim that state officials violated state law in carrying out their official responsibilities." Id., at 121. The Court further held that "this principle applies as well to state-law claims brought into federal court under pendent jurisdiction." Ibid. Notably, the Court commented in Pennhurst: "[I]t is difficult to think of a greater intrusion on state sovereignty than when a federal court instructs state officials on how to conform their conduct to state law." Id., at 106.
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