Cite as: 528 U. S. 62 (2000)
Opinion of the Court
pensatory and punitive damages. App. 83-109. The Florida Department of Corrections moved to dismiss the suit on the grounds that it was barred by the Eleventh Amendment. The District Court denied that motion on November 5, 1996, holding that Congress unequivocally expressed its intent to abrogate the States' Eleventh Amendment immunity in the ADEA, and that Congress had authority to do so under § 5 of the Fourteenth Amendment. Dickson v. Florida Dept. of Corrections, No. 5:96cv207-RH (ND Fla.), App. to Pet. for Cert. in No. 98-796, pp. 72a-76a.
The plaintiffs in the MacPherson case, and the state defendants in the Kimel and Dickson cases, appealed to the Court of Appeals for the Eleventh Circuit. The United States also intervened in all three cases to defend the ADEA's abrogation of the States' Eleventh Amendment immunity. The Court of Appeals consolidated the appeals and, in a divided panel opinion, held that the ADEA does not abrogate the States' Eleventh Amendment immunity. 139 F. 3d 1426, 1433 (1998). Judge Edmondson, although stating that he believed "good reason exists to doubt that the ADEA was (or could have been properly) enacted pursuant to the Fourteenth Amendment," id., at 1430, rested his opinion on the ADEA's lack of unmistakably clear language evidencing Congress' intent to abrogate the States' sovereign immunity. Ibid. He noted that the ADEA lacks any reference to the Eleventh Amendment or to the States' sovereign immunity and does not contain, in one place, a plain statement that States can be sued by individuals in federal court. Id., at 1430-1431. Judge Cox concurred in Judge Edmondson's ultimate conclusion that the States are immune from ADEA suits brought by individuals in federal court. Id., at 1444. Judge Cox, however, chose not to address "the thorny issue of Congress's intent," id., at 1445, but instead found that Congress lacks the power under § 5 of the Fourteenth Amendment to abrogate the States' Eleventh Amendment immunity under the ADEA. Ibid.
71
Page: Index Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: October 4, 2007