Donald L. Boren


Union Gas left many questions unanswered. Suing a state in federal court still remains what one federal judge described as "a wonderland of judicially created and perpetuated fiction and paradox."

The purpose of this article is to examine the impact of Union Gas on states sued in federal court. Part one presents an overview of eleventh amendment jurisprudence. Part two analyzes congressional power to create a cause of action against the states for monetary damages in federal court and examines the impact of Union Gas on the standard for finding congressional intent to abolish states' immunity.