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State agencies suing officials

Virginia Office for Protection and Advocacy v. Stewart

Updated Oct 18, 2026

In brief

The Supreme Court overturned the appeals court's ruling and sent the case back, allowing a federal court to hear VOPA's suit against Virginia officials for a forward-looking order.

Where it stands
Decided

Decided 6-2 · April 19, 2011 · Opinion by Justice Scalia

What it’s about
The Virginia Office for Protection and Advocacy sued Virginia officials, alleging they violated federal law by refusing it access to state records and seeking a forward-looking court order.
Who it affects
Federal courts may hear suits for forward-looking relief brought by one state agency against officials of that same state under Ex parte Young.

Summary: written with AI from the case record.

Illustration for Virginia Office for Protection and Advocacy v. James W. Stewart, III, Commissioner, Virginia Department of Behavioral Health and Developmental Services
Conceptual illustration · AI-generated

What it's about

The Supreme Court ruled that a federal court may hear this kind of suit by one state agency against its own state’s officials, overturned the appeals court’s ruling (reversed it), and sent the case back (remanded it).

The case tested whether Ex parte Young permits one state agency to seek forward-looking federal relief against officials of that same state.

Question presented

Does the Eleventh Amendment categorically preclude an independent state agency from bringing an action in federal court against state officials for prospective injunctive relief to remedy a violation of federal law under the doctrine of Ex Parte Young ?

What the Court decided

Holding

Ex parte Young allows a federal court to hear a lawsuit for prospective relief against state officials brought by another agency of the same State. 568 F. 3d 110, reversed and remanded.

Result
Reversed

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 6joined the Court's opinion
  1. Breyer
  2. Thomas
  3. Scaliawrote the opinion
  4. Kennedyalso wrote separately
  5. Ginsburg
  6. Sotomayor
Dissenting · 2disagreed with the result
  1. Robertswrote the dissent
  2. Alito
6 justices joined the judgment, 2 dissented.

From the opinions

“This has never happened before.”

— Chief Justice Roberts(dissent)

What's next

The case returns to the lower courts for further proceedings. The Supreme Court did not decide whether officials violated federal law or whether VOPA should receive an order.

Documents

2

Opinions

  • Stewart

    Scalia, Kennedy, Thomas, Ginsbtjrg, Breyer, Sotomayor, Roberts, Alito, Kagan

Audio

View the full docket on supremecourt.gov

Docket activity

10
  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Oct 18, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Oct 18, 2026 · Generated

  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 18, 2026 · Generated

Show 5 more
  • AI analysis generated: Decision Record

    Oct 18, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 18, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 18, 2026 · Court records

  • Audio Recording added: Oral Arguments - Stewart

    Oct 30, 2014 · Court records

  • Opinion added: Stewart

    Apr 19, 2011 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 18, 2026Methodology

Court records and filings

Reporting and analysis