544
Opinion of the Court
Will, supra, at 65 (quoting United States v. Bass, 404 U. S. 336, 349 (1971)). In such cases, the clear statement principle reflects "an acknowledgment that the States retain substantial sovereign powers under our constitutional scheme, powers with which Congress does not readily interfere." Gregory v. Ashcroft, 501 U. S. 452, 461, 464 (1991).
Here, allowing federal law to extend the time period in which a state sovereign is amenable to suit in its own courts at least affects the federal balance in an area that has been a historic power of the States, whether or not it constitutes an abrogation of state sovereign immunity. Thus, applying the clear statement principle helps " 'assur[e] that the legislature has in fact faced, and intended to bring into issue, the critical matters involved in the judicial decision.' " Will, supra, at 65 (quoting Bass, supra, at 349). This is obviously important when the underlying issue raises a serious constitutional doubt or problem. See Vermont Agency of Natural Resources v. United States ex rel. Stevens, 529 U. S. 765, 787 (2000) (relying in part on clear statement principle to decide the False Claims Act, 31 U. S. C. §§ 3729-3733 (1994 ed.), did not authorize "an action in federal court by a qui tam relator against a State" and avoiding whether such a suit would violate the Eleventh Amendment, an issue raising a serious constitutional doubt); Gregory, supra, at 464 (relying on clear statement principle to determine that state judges were excluded from the ADEA in order to "avoid a potential constitutional problem" given the constraints on the Court's "ability to consider the limits that the state-federal balance places on Congress' powers under the Commerce Clause").
The question then is whether § 1367(d) states a clear intent to toll the limitations period for claims against nonconsenting States that are dismissed on Eleventh Amendment grounds. Here the lack of clarity is apparent in two respects. With respect to the claims the tolling provision covers, one could read § 1367(d) to cover any claim "asserted" under subsec-
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