Kimel v. Florida Board of Regents — Stevens, J., Concurring in Part and Dissenting in Part

Summary

Justice Stevens concurred in Part III, where the Court found the ADEA incorporated Fair Labor Standards Act remedies, but dissented from the remainder of the opinion. He argued Congress has broad power to authorize federal remedies against state agencies without Eleventh Amendment limits and that sovereign immunity does not restrict this power. Justice Thomas, dissenting in part and concurring in part, argued Congress did not clearly state its intent to abrogate state immunity.