Unhappy with the cumbersome six-factor balancing test that the 5th U.S. Circuit Court of Appeals uses for determining whether a defendant is entitled to sovereign immunity as an “arm of the state,” a concurring opinion from Circuit Judge Andrew S. Oldham called for adopting a bright-line rule based on historical analysis of whether a state-created entity would have qualified for sovereign immunity “at the founding.”With a deep dive into American legal history, Oldham concluded that a state-created entity should not qualify …