Cite as: 534 U. S. 533 (2002)
Stevens, J., dissenting
an additional reason for reexamining that misguided decision at the earliest opportunity.
Accordingly, I respectfully dissent.
555
jurisdiction over these federal statutes. Felder v. Casey, 487 U. S. 131, 139 (1988) (§ 1983); Yellow Freight System, Inc. v. Donnelly, 494 U. S. 820 (1990) (Title VII); 29 U. S. C. § 626(c)(1) (ADEA). As a result of the Court's reading of § 1367(d), many litigants with such mixed claims against state entities may decide to file their entire suits in state court. By doing so, they avoid the cost and confusion of duplicate filings. They also eliminate the risk that a time bar will attach to a claim dismissed from federal court on Eleventh Amendment grounds, which might occur even when, as in this case, Eleventh Amendment immunity was not evident at the time the suit was filed. Thus, in attempting to preserve the "balance between the States and the Federal Government," ante, at 543, the Court risks upending that balance by removing from the state courts the assistance of the federal courts in adjudicating many claims.
Last modified: October 4, 2007