Supreme Court of Virginia v. Consumers Union of the United States, Inc. (1979)
- Docket
- 79-198
- Decided
- 1979-01-01
Summary
Question: Is the Supreme Court of Virginia immune from a suit brought under the Civil Rights Code of 1983? Can the Supreme Court of Virginia be liable for attorney’s fees? Conclusion: No, no. Justice Byron R. White delivered the unanimous opinion. The Court held that the Supreme Court of Virginia was immune to suits in its legislative capacity, just as any other legislative body would be. However, the Supreme Court of Virginia has the power to enforce the Code, and this suit was brought against it in its enforcement capacity. The Court held that suits for declaratory and injunctive relief can be brought against the Supreme Court of Virginia in its enforcement capacity. The Court also held that the Supreme Court of Virginia cannot be liable for attorney’s fees because it has legislative immunity. The legislative history surrounding the issue of legislative immunity shows that Congress intended agencies that have legislative immunity to also be immune from attorney’s fees. Justice Lewis F. Powell, Jr. did not participate in the discussion or consideration of this case.