Stanley Forman Reed

“ Today the Court treats governmental immunity from suit as though it were a principle of justice which must be safeguarded even to the point of giving a State's authorization to be sued the most strained construction, whereby a federal court sitting in Utah is made to appear not a 'court of competent jurisdiction.' Thus, while during the last seventy-five years, governmental immunity from suit, as a doctrine without moral validity, has been progressively contracted, the Court now takes a backward step by enhancing a discredited doctrine through artificial construction. ”

“ But if such a formal requirement be the meaning of the present decision, it runs counter to a long course of adjudication and pays undue obeisance to a doctrine, that of governmental immunity from suit, which, whatever claims it may have, does not have the support of any principle of justice. ”