The case is Coleman v. Maryland Court of Appeals.
From ScotusBlog: "Justice Kennedy, the Chief Justice, Justice Thomas and Justice Alito hold that suits against the states under the self-care provision of the Family and Medical Leave Act are barred by sovereign immunity."
The Washington Post points out that in addition to the general question whether the national government can authorize lawsuits against the states, was the issue about how this ruling affected women particularly, since they are more likely to need to spend time from work following child birth:
Ginsburg said the majority missed the point that the act in its entirety shields women from discrimination.
“The best way to protect women against losing their jobs because of pregnancy or childbirth, Congress determined, was not to order leaves for women only, for that would deter employers from hiring them,” said Ginsburg, who was joined by Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan.
“Instead, Congress adopted leave polices from which all could benefit.”
Ginsburg, who had a reputation as a women’s rights advocate before she joined the court, pointed out that Tuesday’s decision affects only government employers and that the act still “applies, undiluted, in the private sector.”
This fits this week's 2301 subject matter perfectly. It touches both on civil rights - as related to gender - and the constitutionality of the principle enforcement mechanism the lawsuit - especially the lawsuit in federal court against the offending state. It also fits previous discussions of federalism. The principle consequence of this decision is a limit on the applicability of the Family and Medical Leave Act.
