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

Summary

Justice Thomas, joined by Justice Kennedy, concurs in part and dissents in part, arguing that Congress did not make an unmistakably clear statement to abrogate State Eleventh Amendment immunity in the Age Discrimination in Employment Act (ADEA) and therefore rejects the majority's view that the ADEA permits private suits against States.