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Friday, November 6, 2009

That's 11th Amendment, not 11th Commandment

An obscure amendment to the U.S. Constitution has barred the doors of both state and federal courthouses in 23 states to state employees suing to enforce the federal Fair Labor Standards Act. And in this term, the U.S. Supreme Court will decide whether those doors will be barred to state employees with Age Discrimination in Employment Act complaints as well. So what is the 11th Amendment, anyway? Here it is, all 43 words of it: "The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted ...

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