Cite as: 528 U. S. 62 (2000)
Opinion of Thomas, J.
of abrogation." Dellmuth, 491 U. S., at 232. Apparently cognizant of this rule, the Court resorts to extrinsic evidence: our prior decisions. See, e. g., ante, at 74 (" '[T]he ADEA incorporates enforcement provisions of the Fair Labor Standards Act of 1938, and provides that the ADEA shall be enforced using certain of the powers, remedies, and procedures of the FLSA' " (alteration in original)) (quoting Hoffmann-La Roche Inc. v. Sperling, 493 U. S. 165, 167 (1989) (citations omitted)). But judicial opinions, especially those issued subsequent to the enactments in question, have no bearing on whether Congress has clearly stated its intent to abrogate in the text of the statute. How could they, given that legislative history—which at least antedates the enactments under review—is "irrelevant to a judicial inquiry into whether Congress intended to abrogate the Eleventh Amendment"? Dellmuth, supra, at 230. In any event, Hoffmann-La Roche, which did not present the question of a State's Eleventh Amendment immunity,5 is
perfectly consistent with the view that the ADEA incorporates only "extras" from the FLSA, not overlapping provisions. Hoffmann-La Roche involved the ADEA's incorporation of the FLSA's authorization of collective actions, which follows § 216(b)'s individual private right-of-action provision, see § 216(b) ("An action to recover the liability prescribed in either of the preceding sentences may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one
5 That the Hoffmann-La Roche Court did not consider § 216(b)'s implications for the Eleventh Amendment clear statement rule is apparent from its selective quotation of § 216(b)—omitting the words "(including a public agency)." See 493 U. S., at 167-168 ("This controversy centers around one of the provisions the ADEA incorporates, which states, in pertinent part, that an action 'may be maintained against any employer . . . in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated' " (alteration in original)) (quoting 29 U. S. C. § 216(b) (1982 ed.)).
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