Kimel v. Florida Bd. of Regents, 528 U.S. 62, 21 (2000)

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72

KIMEL v. FLORIDA BD. OF REGENTS

Opinion of the Court

He concluded that "the ADEA confers rights far more extensive than those the Fourteenth Amendment provides," id., at 1446, and that "Congress did not enact the ADEA as a proportional response to any widespread violation of the elderly's constitutional rights." Id., at 1447. Chief Judge Hatchett dissented from both grounds. Id., at 1434.

We granted certiorari, 525 U. S. 1121 (1999), to resolve a conflict among the Federal Courts of Appeals on the question whether the ADEA validly abrogates the States' Eleventh Amendment immunity. Compare Cooper v. New York State Office of Mental Health, 162 F. 3d 770 (CA2 1998) (holding that the ADEA does validly abrogate the States' Eleventh Amendment immunity), cert. pending, No. 98-1524; Migneault v. Peck, 158 F. 3d 1131 (CA10 1998) (same), cert. pending, No. 98-1178; Coger v. Board of Regents of State of Tenn., 154 F. 3d 296 (CA6 1998) (same), cert. pending, No. 98-821; Keeton v. University of Nev. System, 150 F. 3d 1055 (CA9 1998) (same); Scott v. University of Miss., 148 F. 3d 493 (CA5 1998) (same); and Goshtasby v. Board of Trustees of Univ. of Ill., 141 F. 3d 761 (CA7 1998) (same), with Humenansky v. Regents of Univ. of Minn., 152 F. 3d 822 (CA8 1998) (holding that the ADEA does not validly abrogate the States' Eleventh Amendment immunity), cert. pending, No. 98-1235; and 139 F. 3d 1426 (CA11 1998) (case below).

II

The Eleventh Amendment states:

"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."

Although today's cases concern suits brought by citizens against their own States, this Court has long " 'understood the Eleventh Amendment to stand not so much for what it

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