https://www.wsj.com/articles/liberals-who-cry-roe-11557876134
Who would have thought that a Supreme Court ruling in an interstate tax dispute would devolve into a brawl over abortion politics? Such are our political times as the four liberal Justices on Monday chided their conservative colleagues for overturning a 40-year precedent, which progressives warn will create a stare decisis slippery slope to banning abortion.
At issue in Franchise Tax Board v. Hyatt was whether states enjoy sovereign immunity in other states’ courts. California urged the Court to overturn its Nevada v. Hall (1979) precedent, which held that states aren’t required to grant legal immunity to other states. Most do for comity purposes, and state courts have entertained only 14 cases by private citizens against other states in the past four decades.
The Court reasoned in Hall that states have a sovereign interest in protecting their citizens, and the Constitution doesn’t explicitly require interstate sovereign immunity. But there are strong opposing constitutional arguments, which Justice Clarence Thomas explained in the 5-4 majority’s opinion overturning Hall.