In Franchise Tax Board of California v. Hyatt, the Supreme Court has overturned a 40-year-old precedent in a case that changes the relationship between the states in our federalist structure of government. Indiana Solicitor General Fisher was counsel of record for an amicus brief of 44 states asking the Court to overturn Nevada v. Hall. In the Franchise Tax Board case, California believed that Gilbert Hyatt had evaded California taxes by falsely claiming to have moved to Nevada before he did. The California officials entered Nevada and Hyatt alleges that they committed fraud and other torts against him while in Nevada. He sued those California officials in Nevada’s courts and won almost a half billion dollar award (although that was later reduced to about a hundred thousand dollars). But is it proper for one state to sit in judgment on the official actions of officers of other states? Nevada v. Hall allowed this, but the Supreme Court has now decided that states are constitutionally required to give other states’ official acts sovereign immunity even when it occurs within the "host" state’s borders. Solicitor General Fisher will explain why and implications for this case to the future of the law.
Featuring:
Hon. Thomas Fisher, Solicitor general, Indiana
Mr. Devin Watkins, Competitive Enterprise Institute

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