Idaho v. Coeur d'Alene Tribe of Idaho, 521 U.S. 261, 19 (1997)

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Cite as: 521 U. S. 261 (1997)

Opinion of Kennedy, J.

a point of saying the relief sought pursuant to the Young action was a notice "simply inform[ing] class members that their federal suit is at an end, that the federal court can provide them with no further relief, and that there are existing state administrative procedures . . . . Petitioner raises no objection to the expense of preparing or sending it. The class members are given no more . . . than what they would have gathered by sitting in the courtroom." 440 U. S., at 349 (citation and internal quotation marks omitted).

Milliken v. Bradley, 433 U. S. 267 (1977), is consistent with this approach. Although authorizing relief having an undeniably substantial effect on the State, Milliken does not obviate the need for careful consideration of a suit's impact. Milliken concerned a Young suit against various Michigan officials resulting in a District Court order requiring the State, along with the Detroit School Board, to pay for a comprehensive education program for schoolchildren who had been subjected to past acts of de jure segregation. The gravamen of the complaint and its ultimate purpose was to vindicate the plaintiffs' civil liberties, not to establish ownership over state resources or funds. The Milliken lawsuit and the resulting order were a direct result of the State's "official acts of racial discrimination committed by both the Detroit School Board and the State of Michigan" in violation of the Fourteenth Amendment. 433 U. S., at 269. If Congress pursuant to its § 5 remedial powers under the Fourteenth Amendment may abrogate sovereign immunity, even if the resulting legislation goes beyond what is constitutionally necessary, see, e. g., Fitzpatrick v. Bitzer, 427 U. S. 445 (1976) (concluding that Title VII's authorization of federal-court jurisdiction to award money damages against a state government to individuals subjected to employment discrimination does not violate the Eleventh Amendment since Congress was exercising its § 5 remedial powers), it follows that the substantive provisions of the Fourteenth Amendment themselves offer a powerful reason to provide a federal forum.

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