Alabama v. North Carolina — Roberts, J., Concurring in Part and Dissenting in Part

Summary

Chief Justice Roberts, joined by Justice Thomas, concurs in part and dissents in part, arguing that allowing the Southeast Interstate Low-Level Radioactive Waste Management Commission—a non‑sovereign entity—to sue North Carolina violates the Eleventh Amendment's bar on suits against states. He contends that the Arizona v. California precedent cited by the majority is contrary to the Constitution and that sovereign immunity is not waived merely because private plaintiffs assert identical claims. Accordingly, he would sustain North Carolina's immunity and reject the Court's jurisdiction over the Commission's claims.