North Carolina State Health Plan for Teachers and State Employees v. Maxwell Kadel, et al.
SocialSecurity Privacy
Whether the residual clause of Section 1003 provides an 'unequivocal textual waiver' of sovereign immunity, permitting suits against States under subsequently enacted statutory provisions that refer to neither States nor sovereign immunity
QUESTION PRESENTED Section 1003 of the Rehabilitation Act Amendments of 1986 provides that a State “shall not be immune under the Eleventh Amendment ... from suit in Federal court” for violations of Title VI, Title IX, Section 504 of the Rehabilitation Act, the Age Discrimination Act of 1975, or—in what this Court has referred to as the section’s residual clause—‘“the provisions of any other Federal statute prohibiting discrimination by recipients of Federal financial assistance.” 42 U.S.C. § 2000d-7(a). The question presented is: Whether the residual clause of Section 1003 provides an “unequivocal textual waiver’ of sovereign immunity, permitting suits against States under subsequently enacted statutory provisions that refer to neither States nor sovereign immunity?