Federalism Again

[Michael MASINTER]

The Court's grant of certiorari this morning in Alden v. Maine, 715 A.2d
172 (Maine 1998) has significant implications for RLPA.  Alden held that
Congress lacked constitutional authority to strip states of sovereign
immunity in their own courts for claims under the Fair Labor Standards
Act, stating:  "If Congress cannot force the states to defend in federal
court against claims by private individuals, it similarly cannot force the
states to defend in their own courts against these same claims."

This looks like the next front in the ongoing federalism wars; if the
state is right, the consequences will be profound.

Michael R. Masinter                     3305 College Avenue
Nova Southeastern University            Fort Lauderdale, Fl. 33314
Shepard Broad Law Center                (954) 262-6151
masinter at law.acast.nova.edu