This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to David J. Bederman, according to David J. Bederman, when a State removes a case to federal court it waives the State’s forum immunity under the Eleventh Amendment.
According to Ms. Orland, according to Ms. Orland, the State’s removal does not amount to a waiver because there is no clear and unequivocal expression of waiver.
According to State, the Eleventh Amendment would be inapplicable if the State entered the case as a plaintiff.
Background and question before the Court
According to David J. Bederman, according to David J. Bederman, the State removed the case to federal court, invoking federal jurisdiction.
According to Justice, the Court asked whether the case should be returned to the Georgia state court.
What each side argues
Petitioner (Paul D. Lapides)
According to David J. Bederman, according to David J. Bederman, removal waives the State’s Eleventh Amendment forum immunity, permitting federal adjudication.
According to David J. Bederman, according to David J. Bederman, removal is a forum selection that waives the State’s Eleventh Amendment immunity.
Respondent (Board of Regents of the University System of Georgia)
According to Ms. Orland, according to Ms. Orland, removal does not amount to a waiver because there is no clear and unequivocal expression of waiver.
According to State, the Eleventh Amendment would be inapplicable if the State entered the case as a plaintiff.
What happened at oral argument
According to Chief Justice Rehnquist, chief Justice Rehnquist announced the hearing of No. 01‑298, Paul Lapides v. the Board of Regents of the University System of Georgia.
According to David J. Bederman, according to David J. Bederman, removal waives the State’s forum immunity under the Eleventh Amendment.
According to David J. Bederman, according to David J. Bederman, removal is a forum selection that waives the State’s Eleventh Amendment immunity.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 42aa2271bc03d1a49786-r1-5e267fcdce0e6b77.pdforal argument transcript
Guide generated September 19, 2026. Automated validation accepted this version.