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in a 6-3 decision, the justices affirmed the 9th Circuit’s reversal of a district court grant of summary judgment to a state agency that claimed that an employee’s claim under the Family and Medical Leave Act was barred by the 11th Amendment. Nevada Department of Human Resources v. Hibbs, No. 01-1368. The court held that a state employee may sue a state for money damages in federal court for violations of the act, because Congress had clearly abrogated the states’ immunity in the act. Rehnquist’s opinion was joined by O’Connor, Souter, Ginsburg, Breyer and Stevens. Scalia, Kennedy and Thomas dissented.

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