Cite as: 528 U. S. 62 (2000)
Syllabus
tional violation. That failure confirms that Congress had no reason to believe that broad prophylactic legislation was necessary in this field. Pp. 88-91.
(e) Today's decision does not signal the end of the line for employees who find themselves subject to age discrimination at the hands of their state employers. Those employees are protected by state age discrimination statutes, and may recover money damages from their state employers, in almost every State of the Union. Pp. 91-92.
139 F. 3d 1426, affirmed.
O'Connor, J., delivered the opinion of the Court, Parts I, II, and IV of which were joined by Rehnquist, C. J., and Scalia, Kennedy, and Thomas, JJ., and Part III of which was joined by Rehnquist, C. J., and Stevens, Scalia, Souter, Ginsburg, and Breyer, JJ. Stevens, J., filed an opinion dissenting in part and concurring in part, in which Souter, Ginsburg, and Breyer, JJ., joined, post, p. 92. Thomas, J., filed an opinion concurring in part and dissenting in part, in which Kennedy, J., joined, post, p. 99.
Jeremiah A. Collins argued the cause for petitioners in No. 98-791, and respondents under this Court's Rule 12.6 in support of petitioner in No. 98-796. With him on the brief were Robert H. Chanin, Laurence Gold, David Arendall, Thomas W. Brooks, and Gerald J. Houlihan.
Barbara D. Underwood argued the cause for the United States, as petitioner in No. 98-796, and respondent under this Court's Rule 12.6 in support of petitioners in No. 98-791. With her on the briefs were Solicitor General Waxman, Acting Assistant Attorney General Lee, Patricia A. Millett, Jessica Dunsay Silver, and Seth M. Galanter.
Jeffrey S. Sutton argued the cause for state respondents in both cases. With him on the brief were Gregory G. Katsas, Robert A. Butterworth, Attorney General of Florida, Louis F. Hubener and Amelia Beisner, Assistant Attorneys General, Bill Pryor, Attorney General of Alabama, and Alice Ann Byrne and Jack Park, Assistant Attorneys General.†
†Laurie A. McCann and Melvin Radowitz filed a brief for the American Association of Retired Persons et al. as amici curiae urging reversal.
Briefs of amici curiae urging affirmance were filed for the State of Ohio et al. by Betty D. Montgomery, Attorney General of Ohio, Edward B.
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