Case Citator › Quern v. Jordan

Quern v. Jordan

Is it still good law? What later courts have actually done to this case.

Questioned by some courts
Court
Supreme Court of the United States
Citation
440 U.S. 332
Decided
Confirmed treatments
1
Flagged citations read
1,797 of 1,797
Citing cases (total)
4,123
Treatment dates
1980
Questioned by some courts
At least one reviewed court has questioned this case’s reasoning or continued validity. No reviewed court has overruled it. Quern v. Jordan is questioned among the reviewed cases: all 1,797 flagged citations have been read, with the one confirmed treatment listed below. Hillis v. Stephen F. Austin State University questioned Quern's Section 1983 immunity holding based on the limited issue before the Supreme Court.
More on how this was screened

The other reviewed opinions applied Quern's clear-statement and sovereign-immunity rules, reported treatment of other authorities, rejected adverse-treatment arguments, or used nearby treatment language for unrelated rulings. Later parentheticals calling Quern “overruled” by Hafer v. Melo are unsupported history reports: Hafer does not cite Quern.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

4,123 later cases cite Quern v. Jordan; 1,797 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Quern v. Jordan?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Questioned

  • The court questioned Quern's conclusion that § 1983 did not abrogate states' Eleventh Amendment immunity, based on the limited issue before the Supreme Court.

    Hillis v. Stephen F. Austin State University · E.D. Tex. · filed

    The Quern decision failed to find that § 1983 abrogated Eleventh Amendment immunity. However, its holding is at least subject to question based upon the limited issue before the Court; i. e., the appropriateness of the injunctive decree.
    Read the full opinion on CourtListener →

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