Can Congress abrogate a State's immunity from being sued in Federal court without its consent, under authority granted to Congress by the Fourteenth Amendment?

QUESTIONS PRESENTED 1. Can Congress abrogate a State’s immunity from being sued in Federal court without its consent, under authority granted to Congress by the Fourteenth Amendment? Eleventh Amendment, constitutional . provisions, Amendment XIV, Section 5? 2. Can Congress, when acting pursuant to enforcement clause of the Fourteenth Clause, can Congress abrogate Eleventh Amendment without State’s consent. Can actions taken by Congress pursuant to its powers under Section 5, can override authority of State sovereignty embodied in the Eleventh Amendment. The duty of the Judiciary is to exercise the jurisdiction which Congress has conferred. It is not for us to say that . litigation affecting State laws and State policies ought to be tried only in . State courts. And, it is not for us to reject that which Congress has made the Laws of the Land? 3. Does 18 U.S.C.A, section 51 [now covered by 18 U.S.C.A., Section 241, denounces conspiracy to injure, oppress, threaten, or intimidate any Citizen in free exercise of, or enjoyment of right(s), or privilege(s) secured to him, or her by the Constitution of the U.S., or laws of the U.S., which were designed to punish offenses against rights secured by Amendment XIV, Section, subdivision 17? . Delores Neely v. Georgia Dep't of Human Resource U.S. Sup. Ct. June 2019 4. Are States “persons”, potentially liable under the Civil Rights Act of 1871, 42 U.S.C.A., Section 1983, for constitutional deprivations inflicted | through official custom and policy? Are Defendants amenable to suit in their official capacities under 42 Section 1988, because the State and its officials are not “persons” within the meaning of the Section? 5. Whether a State is a “person” under Section 1983, this is a separate . proposition from the other question of which is, whether a State may assert a defense of common-law sovereign immunity? 6. Is it not true, a State can waive its Eleventh Amendment immunity from suit in Federal Court, within the context of a State statute, or State Constitution? Such as, would be the Georgia Tort Claims Act [0.C.G.A. Title 50-21-20 and Title 50-21-23], which states that the State be liable for _ the intentional torts of its employees? Has the State of Georgia “waived” its Eleventh Amendment Protection, by statute, from suit in Federal court? True or False? 7. Eleventh amendment may “bar” certain awards of damages paid from the State treasury, it does not “bar” awards” of Attorney Fees, or ii. Delores Neely v. Georgia Dep't of human Resources U.S. Sup. Ct. June 2019 expenses incurred in litigation seeking prospective relief. Blake v. Kline, 612 F, 2d, 718, 721 @728.fees may also be available under Section 1988. Hutto v. Finney, 437 U.S. 678 (1978). U.S. Constitutional Amendment 11. Federal Courts>>>265. True? 8.) In an injunctive, declaratory action grounded in Federal law, the State’s immunity can be overcome by naming State officials as Defendants. Monetary relief that is “ancillary” to injunctive relief also is not “barred” by the Eleventh Amendment. True? Edelman—v_Jordan, supra, at 6679.) Does Georgia's Tort Claims Act, a Statute, allows an action(s) against the State for damages in cases surrounding “tort”, if a like cause of action would be against a “private person?” Additionally, “under common-law traditions”, all Plaintiffs should be awarded fuil administrative and judicial reviews. True? 10.) The fact that the defense of sovereign immunity could be ‘waived’, does this supports the conclusion that the defense of sovereign immunity is one of immunity; and a separate proposal, one can say, the defense of sovereign immunity is one of subject-matter jurisdiction. iii. Delores Neely v. Georgia Dep't of Human Servs. U.S. Sup. Cou. Aug. 6, 2019