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WEDNESDAY, MAY 28, 2003

The Supreme Court in a 6-3 decision on Tuesday said employees can recover money damages against states that breach the Family and Medical Leave Act.

Citing a long history of sex discrimination, the court said Congress abrogated state sovereign immunity from lawsuits. The act allows employees to take time off for family emergencies.

The majority opinion was written by Chief Justice William H. Rehnquist. Justices David Souter and John Paul Stevens wrote separate concurring opinions.

Justice Anthony M. Kennedy, joined by Justices Antonin Scalia and Clarence Thomas, wrote a dissent that said the majority failed to show historic discrimination against women.

The case is Nevada Department of Human Resources v. Hibbs, No. 01-1368.

Get the Story:
Justices Extend Leave Act's Reach (The Washington Post 5/28)
Justices Say Workers Can Sue Over Right to Family Leave (The New York Times 5/28)
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Get the Decision:
Syllabus | Opinion [Rehnquist] | Concurrence [Souter] | Concurrence [Stevens] | Dissent [Scalia] | Dissent [Kennedy]