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 Petitioner, the case concerns whether Chatham County, Georgia, is entitled to sovereign immunity in federal court.
The petitioner argues that the Eleventh Circuit’s holding is wrong for at least two reasons.
Background and question before the Court
According to Justice Ginsburg, can a county be an arm of the State for some things?
According to Justice Scalia, is the only issue sovereign immunity?
According to Justice Ginsburg, who pays judgments against the county?
According to Justice Ginsburg, what about the South Carolina Supreme Court’s opinion in the Hines case?
According to Justice Ginsburg, did the Eleventh Circuit have a prior decision?
According to Justice Scalia, was that an old Fifth Circuit case?
According to Chief Justice Roberts, is it unusual that counties maintain and run bridges in your State?
- [1] 738f7a1971d3733dada7-r1-e827b9099939ef9e.pdf, p. 4
- [2] 738f7a1971d3733dada7-r1-e827b9099939ef9e.pdf, p. 21
- [3] 738f7a1971d3733dada7-r1-e827b9099939ef9e.pdf, p. 22
- [4] 738f7a1971d3733dada7-r1-e827b9099939ef9e.pdf, p. 36
- [5] 738f7a1971d3733dada7-r1-e827b9099939ef9e.pdf, p. 37
- [6] 738f7a1971d3733dada7-r1-e827b9099939ef9e.pdf, p. 37
- [7] 738f7a1971d3733dada7-r1-e827b9099939ef9e.pdf, p. 38
What each side argues
Petitioner (Northern Insurance Company of New York)
According to Petitioner, the Eleventh Circuit’s holding that Chatham County is entitled to sovereign immunity is wrong for at least two reasons.
Respondent (Chatham County, Georgia)
According to Respondent, who pays judgments against the county is initially probably the county, but under Georgia law the Department of Transportation has a fund that can contribute.
According to Respondent, the Millwood case says counties are part of the sovereign of the State.
What happened at oral argument
Justices Ginsburg, Scalia, and Roberts asked questions about sovereign immunity, the county’s status as an arm of the State, and the delegation of core governmental functions.
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.
- 738f7a1971d3733dada7-r1-e827b9099939ef9e.pdforal argument transcript
Guide generated September 21, 2026. Automated validation accepted this version.