210
Stevens, J., dissenting
include monetary damages.12 Thus, as of 1978, the Rehabilitation Act provided the relief sought by petitioner in this case.
Under the Court's current jurisprudence, however, § 504 apparently must be read in a vacuum. Since the advent of United States v. Nordic Village, Inc., 503 U. S. 30 (1992), the Court not only requires the traditional clear statement of a waiver of sovereign immunity but steadfastly refuses to consider the legislative history of a statute, no matter how opaque the statutory language or crystalline the history.13
I shall not review my objections to that holding here. See id., at 39-46 (dissenting opinion). Suffice it to say that Congress had no reason to suspect in 1978 that 14 years later this Court would adopt (and apply retroactively) a radically new and unforgiving approach to waivers of sovereign immunity.
III
Not surprisingly, given its lack of fidelity to the statutory text and history, the Court's reasoning leads to two implausible conclusions. To credit the Court's analysis, one must believe that Congress intended a damages remedy against a federal Executive agency acting indirectly in the provision
12 Aware that procedures were also needed, Congress added language in § 504 directing federal agencies to promulgate appropriate procedures. 29 U. S. C. § 794(a) ("The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978").
13 The Court distinguishes Franklin v. Gwinnett County Public Schools, 503 U. S. 60 (1992), on the ground that Franklin involved a nonfederal defendant whereas this case concerns a federal defendant. Ante, at 196- 197. This argument cannot be reconciled with the reasoning of our opinion. Franklin relied on cases in which pecuniary awards against the United States had been upheld. See 503 U. S., at 67 (citing Kendall v. United States ex rel. Stokes, 12 Pet. 524 (1838), and Dooley v. United States, 182 U. S. 222 (1901)). That being so, there is no basis for restricting application of the rule to the facts of that case.
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