Anthony Kennedy

“ When the issue to be resolved is one of statutory construction, of congressional intent to impose monetary liability on the States, the requirement of a clear statement by Congress to impose such liability creates a rule that ought to be of assistance to the Congress and the courts in drafting and interpreting legislation. ”

“ Further, we cannot treat the holding of Welch as determinative of the issue now presented for our decision. As we explained in Welch, supra, at 471, 107 S.Ct., at 2944, our Eleventh Amendment cases do indeed hold that "Congress may abrogate the States' constitutionally secured immunity from suit in federal court only by making its intention unmistakably clear in the language of the statute." ”

“ In Parden we held that FELA authorizes suits for damages against state-owned railroads, and that by entering the business of operating a railroad a State waives its Eleventh Amendment immunity from suit in federal court. The latter holding was overruled in Welch, to accord with our more recent Eleventh Amendment jurisprudence, 483 U.S., at 478, 107 S.Ct., at 2948, but the Welch Court was explicit in declining to decide whether in the Jones Act (or in FELA) , Congress intended to create a cause of action against the States. ”

“ Congressional intent to abrogate Eleventh Amendment immunity must be expressed in the text of the statute; the Court will not look to legislative history in making its inquiry. Dellmuth v. Muth, 491 U.S. 223, 230, 109 S.Ct. 2397, 2400, 105 L.Ed.2d 181 (1989) . These cases establish a rule of constitutional law, based on the Eleventh Amendment. That rule was developed after the Parden decision, and was found in Welch to have undercut the reasoning of Parden and to require Parden's Eleventh Amendment holding to be overruled. ”

“ Adherence to precedent promotes stability, predictability, and respect for judicial authority. Vasquez v. Hillery, 474 U.S. 254, 265-266, 106 S.Ct. 617, 624-625, 88 L.Ed.2d 598 (1986) . For all of these reasons, we will not depart from the doctrine of stare decisis without some compelling justification. ”