Can the federal government be sued for violating intergovernmental immunity when it is alleged to have acted as an agent of the Department of Justice in violation of the provisions of the Tennessee Civil Rights Act?

The district court correctly held that the ordinances violate intergovernmental immunity in both respects. First, the ordinances seek to directly regulate the conduct of agents of the federal government. As noted above, the ordinancesby their express termsprohibit military recruiters from recruiting or attempting to recruit individuals under the age of eighteen. By constraining the conduct of federal agents and employees, the ordinances seek to regulate the government directly. See Tennessee v. Davis, 100 U.S. 257, 263, 25 L.Ed. 648 (1879) (noting that the federal government "can act only through its officers and agents").