Divergent views on text and history as justices ponder war powers and sovereign immunity
SCOTUSBlog
MARCH 30, 2022
Prior precedent (including Seminole Tribe of Florida v. Florida ) held that Congress could abrogate state sovereign immunity when acting under Section 5 of the 14th Amendment, but not when acting under many of its Article I powers. But because he worked for Texas, he had no cause of action. It’s not right.
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