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Opinion of KENNEDY, J.

sive of the principal question in this case, that the [State] is not named as a party defendant. Whether it is the actual party, in the sense of the prohibition of the Constitution, must be determined by a consideration of the nature of the case as presented on the whole record." 123 U. S., at 492. See also Ex parte New York, 256 U. S. 490, 500 (1921) (Young's applicability "is to be determined not by the mere names of the titular parties but by the essential nature and effect of the proceeding, as it appears from the entire record"). Of course, the State's interests are almost always implicated to a certain extent in Young actions, but the statements we cite reflect the Court's recognition “that the need to promote the supremacy of federal law must be accommodated to the constitutional immunity of the States." Pennhurst, supra, at 105.

D

Our recent cases illustrate a careful balancing and accommodation of state interests when determining whether the Young exception applies in a given case. In Edelman v. Jordan, 415 U. S. 651 (1974), the relief granted by the Federal District Court required state officials to release and remit federal benefits. While the District Court's order might have served the goal of deterrence as well as compensation, we concluded the suit was barred by the Eleventh Amendment because it was not necessary for the vindication of federal rights. In reaching this conclusion, we explained that "we must judge the award actually made in this case, and not one which might have been differently tailored in a different case." Id., at 665. There was no need for the Edelman Court to consider the other relief granted by the District Court, prospectively enjoining state officials from failing to abide by federal requirements, since it was conceded that Young was sufficient for this purpose. 415 U. S., at 664. The second time the Edelman litigation came before the Court, in Quern v. Jordan, 440 U. S. 332 (1979), we made

Opinion of KENNEDY, J.

a point of saying the relief sought pursuant to the Young action was a notice "simply inform[ing] class members that their federal suit is at an end, that the federal court can provide them with no further relief, and that there are existing state administrative procedures. ... Petitioner raises no objection to the expense of preparing or sending it. The class members are given no more . . . than what they would have gathered by sitting in the courtroom." 440 U. S., at 349 (citation and internal quotation marks omitted).

Milliken v. Bradley, 433 U. S. 267 (1977), is consistent with this approach. Although authorizing relief having an undeniably substantial effect on the State, Milliken does not obviate the need for careful consideration of a suit's impact. Milliken concerned a Young suit against various Michigan officials resulting in a District Court order requiring the State, along with the Detroit School Board, to pay for a comprehensive education program for schoolchildren who had been subjected to past acts of de jure segregation. The gravamen of the complaint and its ultimate purpose was to vindicate the plaintiffs' civil liberties, not to establish ownership over state resources or funds. The Milliken lawsuit and the resulting order were a direct result of the State's "official acts of racial discrimination committed by both the Detroit School Board and the State of Michigan" in violation of the Fourteenth Amendment. 433 U. S., at 269. If Congress pursuant to its §5 remedial powers under the Fourteenth Amendment may abrogate sovereign immunity, even if the resulting legislation goes beyond what is constitutionally necessary, see, e. g., Fitzpatrick v. Bitzer, 427 U. S. 445 (1976) (concluding that Title VII's authorization of federal-court jurisdiction to award money damages against a state government to individuals subjected to employment discrimination does not violate the Eleventh Amendment since Congress was exercising its §5 remedial powers), it follows that the substantive provisions of the Fourteenth Amendment themselves offer a powerful reason to provide a federal forum.

Opinion of KENNEDY, J.

The Milliken Court, for similar reasons, rejected a Tenth Amendment challenge to the order. 433 U. S., at 291. In short, "[t]he theme that thus emerges from [our recent Young cases] . . . is one of balancing of state and federal interests." Pennsylvania v. Union Gas Co., 491 U. S., at 27 (STEVENS, J., concurring).

This case-by-case approach to the Young doctrine has been evident from the start. Before Larson v. Domestic and Foreign Commerce Corp., 337 U. S. 682 (1949) (a federal sovereign immunity case), we allowed suits to proceed, as explained above, if the official committed a tort as defined by the common law. While Larson rejected this reliance on the common law of torts, see id., at 692–695, the importance of case-by-case analysis was recognized again in Seminole Tribe. There, in holding the Young exception inapplicable to a suit based on federal law, we relied on Schweiker v. Chilicky, 487 U. S. 412 (1988). Chilicky, in turn, addressed whether a Bivens type of action, a right of action stemming from the Constitution itself, see Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971), applied in a suit alleging due process violations in the denial of Social Security disability benefits. A Bivens action was unavailable, the Chilicky Court held, given the particular circumstances present in the case. Seminole Tribe's implicit analogy of Young to Bivens is instructive. Both the Young and Bivens lines of cases reflect a sensitivity to varying contexts, and courts should consider whether there are "special factors counselling hesitation," 403 U. S., at 396, before allowing a suit to proceed under either theory. The range of concerns to be considered in answering this inquiry is broad. See id., at 407 (Harlan, J., concurring).

As no one disputes, the Young fiction is an exercise in line-drawing. There is no reason why the line cannot be drawn to reflect the real interests of States consistent with the clarity and certainty appropriate to the Eleventh Amendment's jurisdictional inquiry.

Opinion of the Court

III

We now turn to consider whether the Tribe may avoid the Eleventh Amendment bar and avail itself of the Young exception. Although the "difference between the type of relief barred by the Eleventh Amendment and that permitted under Ex parte Young will not in many instances be that between day and night," Edelman, 415 U. S., at 667, this suit, we decide, falls on the Eleventh Amendment side of the line, and Idaho's sovereign immunity controls.

The Tribe has alleged an ongoing violation of its property rights in contravention of federal law and seeks prospective injunctive relief. The Tribe argues that it should therefore be able to avail itself of the Ex parte Young fiction. Moreover, the Tribe points to the plurality decision in Florida Dept. of State v. Treasure Salvors, Inc., 458 U. S. 670 (1982) (opinion of STEVENS, J.), where we allowed a Federal District Court to issue a warrant commanding state officials to turn over various artifacts (mainly treasure from a sunken Spanish galleon) to the United States Marshal despite the State's claim of sovereign immunity.

An allegation of an ongoing violation of federal law where the requested relief is prospective is ordinarily sufficient to invoke the Young fiction. However, this case is unusual in that the Tribe's suit is the functional equivalent of a quiet title action which implicates special sovereignty interests. We do not think Treasure Salvors, supra, is helpful to the Tribe because the state officials there were acting beyond the authority conferred upon them by the State, id., at 696697, a theory the Tribe does not even attempt to pursue in the case before us. We must examine the effect of the Tribe's suit and its impact on these special sovereignty interests in order to decide whether the Ex parte Young fiction is applicable.

It is common ground between the parties, at this stage of the litigation, that the Tribe could not maintain a quiet title suit against Idaho in federal court, absent the State's con

Opinion of the Court

sent. The Eleventh Amendment would bar it. Tindal, 167 U. S., at 223. Despite this prohibition, the declaratory and injunctive relief the Tribe seeks is close to the functional equivalent of quiet title in that substantially all benefits of ownership and control would shift from the State to the Tribe. This is especially troubling when coupled with the far-reaching and invasive relief the Tribe seeks, relief with consequences going well beyond the typical stakes in a real property quiet title action. The suit seeks, in effect, a determination that the lands in question are not even within the regulatory jurisdiction of the State. The requested injunctive relief would bar the State's principal officers from exercising their governmental powers and authority over the disputed lands and waters. The suit would diminish, even extinguish, the State's control over a vast reach of lands and waters long deemed by the State to be an integral part of its territory. To pass this off as a judgment causing little or no offense to Idaho's sovereign authority and its standing in the Union would be to ignore the realities of the relief the Tribe demands.

Any contention that the State is not implicated by the suit in a manner having an immediate effect on jurisdictional control over important public lands is belied by the complaint itself. The state officials who are the named defendants, all members of the Board of Land Commissioners save Director Higginson, include: Governor Cecil Andrus, who is Chairman of the Board and trustee of a public water right in Lake Coeur d'Alene pursuant to Idaho Code § 67-4304 (1989); Pete Cenarrusa, Secretary of State; Larry EchoHawk, Attorney General; Jerry Evans, Superintendent of Public Instruction; J. D. Williams, Auditor; and Keith Higginson, Director of the Department of Water Resources. The power to regulate and control the use and disposition of public lands, including the beds of navigable lakes, rivers, and streams, is vested in the Board of Land Commissioners. Idaho Const., Art. IX,

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