Missouri v. Jenkins Ex Rel. Agyei

Justice O’Connor, with whom Justice Scalia joins, and with whom The Chief Justice joins in part,

concurring in part and dissenting in part.

I agree with the Court that 42 U. S. C. §1988 allows compensation for the work of paralegals and law clerks at market rates, and therefore join Parts I and III of its opinion. I do not join Part II, however, for in my view the Eleventh Amendment does not permit enhancement of attorney’s *290fees assessed against a State as compensation for delay in payment.

The Eleventh Amendment does not, of course, provide a State with across-the-board immunity from all…