The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, March 31, 1999
Decision: Wednesday, June 23, 1999
Issues: Federalism, Natural Resources, Miscellaneous
Categories: eleventh amendment, federalism, government employment, immunity
Tags: Rehnquist: Federalism, Rehnquist on iTunes U

Advocates

Peter J. Brann (Argued the cause for the respondent)
Laurence E. Gold (Argued the cause for the petitioners)
Seth P. Waxman (Argued the cause for the United States, as amicus curiae, by special leave of the Court)

Facts of the Case

A group of probation officers sued their employer, the State of Maine, in 1992 alleging that the state had violated the overtime provisions of the 1938 Fair Labor Standards Act. Following the Court's decision in Seminole Tribe v. Florida (1996)_which held that States are immune from private suits in federal court and that Congress lacks the authority to abrogate that immunity_the probation officers' suit was dismissed in Federal district court. Alden and the other probation officers then sued Maine again for violating the Fair Labor Standards Act, this time in state court. The state trial court and the state supreme court both held that Maine had sovereign immunity and could not be sued by private parties in their own court.

Question

May Congress use its powers under Article I of the Constitution to abrogate a state's sovereign immunity from private suits in its own courts?

Conclusion

No. A sharply divided court held in a 5-4 decision that Congress may not use its Article I powers to abrogate the states' sovereign immunity. Both the terms and history of the eleventh amendment suggest that States are immune from suits in their own courts. And more generally, the original understanding of the Constitution's structure and the terms of the tenth amendment confirm that states retained much of their sovereignty despite their agreeing that the national government would be supreme when exercising its enumerated powers.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 5 votes for Maine, 4 vote(s) against
Legal Provision: Amendment 11: Eleventh Amendment
Voted with the majority
Rehnquist
Voted with the minority, joined Souter's dissent
Stevens
Voted with the majority
O'Connor
Voted with the majority
Scalia
Wrote the majority opinion
Kennedy
Wrote a dissent
Souter
Voted with the majority
Thomas
Voted with the minority, joined Souter's dissent
Ginsburg
Voted with the minority, joined Souter's dissent
Breyer
Full Opinion by Justice Anthony Kennedy

Cite this page

The Oyez Project, Alden v. Maine, 527 U.S. 706 (1999),
available at: <http://www.oyez.org/cases/1990-1999/1998/1998_98_436/>
(last visited ).