Bowen v. Massachusetts

Justice Scalia,

with whom The Chief Justice and Justice .Kennedy join, dissenting.

The Court holds for the State because it finds that these suits do not seek money damages, and involve claims for which there is no “adequate remedy” in the Claims Court. I disagree with both propositions, and therefore respectfully dissent. ■

I

“The States of the Union, like all other entities, are barred by federal sovereign immunity from suing the United States in the absence of an express waiver of this immunity by Congress.” Block v. North Dakota ex rel. Bd. of Univ. and School Lands, 461 U. S. 273, 280…