Cite as: 534 U. S. 533 (2002)
Opinion of the Court
of limitations, the limitations provision constitutes a condition on the waiver of sovereign immunity"). In suits against the United States, however, there is a rebuttable presumption that equitable tolling under federal law applies to waivers of the United States' immunity. See Irwin v. Department of Veterans Affairs, 498 U. S. 89, 95 (1990). From this, the dissent argues that any broadening of a State's waiver of immunity through tolling under § 1367(d) presumptively does not violate the State's sovereign immunity. Post, at 552-553, and n. 11 (opinion of Stevens, J.). But this Court has never held that waivers of a State's immunity presumptively include all federal tolling rules, nor is it obvious that such a presumption would be "a realistic assessment of legislative intent." Irwin, supra, at 95.
Moreover, with respect to suits against a state sovereign in its own courts, we have explained that a State "may prescribe the terms and conditions on which it consents to be sued," Beers v. Arkansas, 20 How. 527, 529 (1858), and that "[o]nly the sovereign's own consent could qualify the absolute character of [its] immunity" from suit in its own courts, Nevada v. Hall, 440 U. S. 410, 414 (1979). Thus, although we have not directly addressed whether federal tolling of a state statute of limitations constitutes an abrogation of state sovereign immunity with respect to claims against state defendants, we can say that the notion at least raises a serious constitutional doubt.
Consequently, we have good reason to rely on a clear statement principle of statutory construction. When "Congress intends to alter the 'usual constitutional balance between the States and the Federal Government,' it must make its intention to do so 'unmistakably clear in the language of the statute.' " Will v. Michigan Dept. of State Police, 491 U. S. 58, 65 (1989) (quoting Atascadero, supra, at 242). This principle applies when Congress "intends to pre-empt the historic powers of the States" or when it legislates in " 'traditionally sensitive areas' " that " 'affec[t] the federal balance.' "
543
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