hilton pub rys argued october decided december respondent south carolina public railways commission state agency common carrier engaged interstate commerce railroad sued state federal employers liability act fela employee petitioner hilton alleged injured course employment result commission negligence dismissing complaint ground fela authorize damages action state agency even suit maintained state forum trial acknowledged parden terminal railway alabama docks interpreted fela permit actions held effect parden overruled subsequent decisions south carolina affirmed held fela creates cause action railroad enforceable state pp absent sufficient countervailing justifications departing precedent strong considerations favoring adherence stare decicis case compel reaffirm parden insofar held congress used phrase common carrier railroad describe class employers subject fela terms intended include railroads weight must accorded continued acceptance parden holding congress almost years take corrective action disagreed holding chosen moreover overruling parden require extensive legislative response many including south carolina specifically excluded railroad workers workers compensation coverage assumption fela adequately protects workers event injuries caused employer negligence dislodge settled rights expectations employees employers acting assumption overruling parden also throw doubt decisions holding entire federal scheme railroad regulation applies railroads pp decisions subsequent parden require depart stare decisis case welch texas dept highways public transportation held jones act incorporates fela remedial scheme abrogate eleventh amendment immunity suit federal explicitly reserved question whether act fela congress intended create cause action plurality opinion see also white concurring characterized considered rejected aforementioned arguments following stare decisis since welch neither addressed discussed vital consideration today decision confer immunity state suit strip fela jones act protection workers welch holding treated determinative issue presented since welch statement congress may abrogate constitutionally secured immunity making intention unmistakably clear statutory language made context establishing rule constitutional law based eleventh amendment apply state courts parden effectively overruled michigan dept state police holding state person suable relied part lack clear statement statute congressional intent impose liability clear statement rule per se rule constitutional law ordinary rule statutory construction ibid issue case pure question statutory construction stare decicis doctrine compelling thus clear statement inquiry need made need decide whether fela satisfies standard rule event prevail stare decisis doctrine applied longstanding statutory construction implicating important reliance interests clear statement rule either overcome inapplicable federal statute impose liability upon supremacy clause makes statute law every state fully enforceable state courts pp kennedy delivered opinion rehnquist white stevens souter joined blackmun concurred judgment filed dissenting opinion scalia joined thomas took part consideration decision case robert beckham argued cause filed briefs petitioner keating simons iii argued cause filed brief respondent robert weinberg walter kamiat laurence gold filed brief american federation labor congress industrial organizations amicus curiae urging reversal richard ruda filed brief national governors association et al amici curiae urging affirmance justice kennedy delivered opinion case must decide whether federal employers liability act fela stat creates cause action railroad enforceable state hold reaffirming part decision parden terminal railway alabama docks petitioner kenneth hilton employee south carolina public railways commission commission employees common carrier engaged interstate commerce railroad agency state south carolina created statute hilton alleges injured scope course employment negligence commission cause accident case us commission respondent recover injuries petitioner first filed fela action district case pending announced decision welch texas dept highways public transportation held jones act stat app abrogate eleventh amendment immunity jones act incorporates remedial scheme fela based understanding eleventh amendment immunity jones act suits apply well fela petitioner dismissed federal action refiled fela suit south carolina state case us state trial dismissed hilton complaint ground fela authorize action money damages agency state even suit maintained state forum though acknowledging parden terminal railway alabama docks supra interpreted fela permit actions trial said parden severely limited subsequent decisions app pet cert held parden longer good law ordered action dismissed whereupon hilton appealed south carolina appeal pending south carolina decided freeman south carolina public railways commission addressing issue raised case freeman held fela subject liability state suits trial state acknowledged parden holding concluded effect overruled subsequent course decisions parden held fela authorizes suits damages railroads entering business operating railroad state waives eleventh amendment immunity suit federal latter holding overruled welch accord recent eleventh amendment jurisprudence welch explicit declining decide whether jones act fela congress intended create cause action plurality opinion see also white concurring words welch decision disturb statutory construction holding parden addressing latter issue south carolina found dispositive decision michigan dept state police suit brought state state officials michigan held state person term used suable statute regardless forum suit maintained holding relied part lack clear statement statute congressional intent impose liability state freeman decision controlled ruling instant case south carolina read hold statute interpreted create cause action money damages state unless contains unmistakably clear language showing congress intended deciding text fela language conforming standard freeman held fela subject liability petitioner case reached south carolina affirmed dismissal action per curiam opinion citing freeman granted certiorari reverse ii analysis ultimate determination case controlled informed central importance stare decisis jurisprudence respondent asks us overrule interpretation first enunciated parden congress enacted fela used phrase common carrier railroad describe class employers subject terms intended include railroads two terms ago port authority feeney assumed applicability fela railroads finding defendant bistate compact corporation waived eleventh amendment immunity may issue whether reexamine longstanding statutory construction strong considerations favoring adherence stare decisis circumstances answer question must time time recognized doctrine stare decisis fundamental importance rule law welch supra see also patterson mclean credit union burnet coronado oil gas brandeis dissenting adherence precedent promotes stability predictability respect judicial authority vasquez hillery reasons depart doctrine stare decisis without compelling justification arizona rumsey case us policies favor following stare decisis far outweigh suggesting departure considerations stare decisis special force area statutory interpretation unlike context constitutional interpretation legislative power implicated congress remains free alter done patterson supra congress almost years corrected decision parden disagreed chosen accord weight continued acceptance earlier holding stare decisis added force legislature public sphere citizens private realm acted reliance previous decision instance overruling decision dislodge settled rights expectations require extensive legislative response case us workers compensation laws many specifically exclude railroad workers coverage assumption fela provides adequate protection workers see supp supp west counsel respondent case conceded oral argument petitioner may precluded seeking alternative remedy state law injuries like exclusion south carolina law overruling parden require reexamine statutes meanwhile putting risk employees employers acting assumption protected event injuries caused employer negligence overruling parden also throw doubt previous decisions cases holding entire federal scheme railroad regulation applies railroads california safety appliance act california taylor railway labor act see also transportation union long island factors weigh favor adhering stare decisis find sufficient countervailing justifications departing precedents iii respondent argues already considered rejected arguments following stare decisis welch accurate even welch controlling characterization welch inaccurate vital consideration decision today confer immunity state suit strip fela jones act protection workers employed addressed discussed welch decision indeed omission best explained assumption made express concurring opinion justice white jones act fela terms extends coverage jurisdiction state courts entertain suit free eleventh amendment constraints plausible explanation absence welch discussion practical adverse effects overruling portion parden pertained eleventh amendment since continued state jurisdiction made effects minimal treat holding welch determinative issue presented decision explained welch supra eleventh amendment cases indeed hold congress may abrogate constitutionally secured immunity suit federal making intention unmistakably clear language statute atascadero state hospital scanlon emphasis added congressional intent abrogate eleventh amendment immunity must expressed text statute look legislative history making inquiry dellmuth muth cases establish rule constitutional law based eleventh amendment rule developed parden decision found welch undercut reasoning parden require parden eleventh amendment holding overruled stated many occasions eleventh amendment apply state courts citing maine thiboutot nevada hall issue becomes pure question statutory construction doctrine stare decicis compelling respondent argues state courts case said statutory construction holding parden longer good law later opinion supra respondent make result solely function eleventh amendment jurisprudence reading case adopt per se rule prohibiting interpretation general liability language include absent clear statement congress effect congress intends subject cause action respondent argues light considerations led us partial overruling parden welch govern think argument misconstrues decision import entirety eleventh amendment jurisprudence area statutory construction treated eleventh amendment relevant consideration hafer melo primary focus language history dellmuth muth supra adopted per se rule sort advocated respondent entire discussion unnecessary issue case different issue eleventh amendment cases fundamental respect latter cases involve application rule constitutional law former cases apply ordinary rule statutory construction supra conclusion evident discussions eeoc wyoming gregory ashcroft last term cases describe plain statement rule rule statutory construction applied statutory intent ambiguous rather rule constitutional law neither case implicated eleventh amendment distinction draw also supported decision welch particular fact welch explicit terms reserved statutory construction issue resolve today issue resolved one statutory construction congressional intent impose monetary liability requirement clear statement congress impose liability creates rule assistance congress courts drafting interpreting legislation requirement also serves make parallel two separate inquiries state liability eleventh amendment doctrine canons statutory interpretation cases gregory ashcroft rule followed resulting symmetry making state liability immunity case may federal state courts much commend also avoids concerns arise national government uses state courts exclusive forum permit recovery congressional statute inconsequential argument symmetry law esthetics predictability order symmetry imperative must override expectations rest upon predictability order stare decisis case us clear statement inquiry need made need decide whether fela satisfies standard rule event prevail doctrine stare decisis applied longstanding statutory construction implicating important reliance interests rule either overcome inapplicable federal statute impose liability upon supremacy clause makes statute law every state fully enforceable state howlett rose iv reasons stated judgment south carolina reversed case remanded proceedings inconsistent opinion ordered justice thomas took part consideration decision case justice blackmun concurs judgment footnotes every common carrier railroad engaging commerce shall liable damages person suffering injury employed carrier commerce specific statutory construction issue reserved welch precise issue today rather whether language jones act seaman shall suffer personal injury course employment app correctly interpreted petty bridge afford remedy justice white concurrence welch texas dept highways public transportation focused question stating congress disturbed construction understand purport parties however agree resolution issue jones act fela thus assume purposes decision justice justice scalia joins dissenting decision case example truism hard cases make bad law understandable reluctance leave petitioner without remedy leads contort confuse clear statement doctrine articulated recent opinions reason respectfully dissent invokes stare decisis time running headlong away view case cleanly resolved applying two recent precedents michigan dept state police welch texas dept highways public transportation rehabilitating decision largely repudiated parden terminal railway alabama docks held congress intends upset usual constitutional balance federal government must make intention unmistakably clear supra quoting atascadero state hospital scanlon determined case federal statute requiring entertain damages suits state courts precisely kind legislation requires clear statement principle state normally sued courts without consent supra welch held language jones act applied federal employers liability act fela remedial provisions seamen amount clear statement congress intent abrogate eleventh amendment sovereign immunity holding expressly stated extent parden terminal railway inconsistent requirement abrogation eleventh amendment immunity congress must expressed unmistakably clear language overruled result case follow fortiori reasoning welch already decided clear statement necessary state may required entertain damages suits courts already decided fela language amount clear statement congress intent abrogate state sovereign immunity stare decisis dictates follow rules laid welch revive substantially discredited case litigants lower courts every reason think defunct ii tries drive wedge welch characterizing former statutory interpretation case latter constitutional case clear statement rule says required welch eleventh amendment implicated contrast use clear statement rule somewhat discretionary issue case question statutory interpretation constitution implicated see ante case involves state sovereign immunity state federal eleventh amendment terms apply holds clear statement rule nonconstitutional context trumped stare decisis distinction untenable clear statement rule mere canon statutory interpretation instead derives constitution rule protects balance power federal government struck constitution although eleventh amendment spells one aspect balance power principle federalism underlying amendment pervades constitutional structure constitution gives congress limited power govern nation retain power govern locally see dellmuth muth brogation sovereign immunity upsets fundamental constitutional balance federal government placing considerable strain principles federalism inform eleventh amendment quoting atascadero state hospital scanlon supra pennhurst state school hospital halderman recognizing basic truth governmental structure constitution wary extending effect congressional enactments areas traditionally governed unless congress directed us unmistakably clear statement indeed cases employed clear statement rule outside eleventh amendment context recognized rule constitutional dimensions gregory ashcroft plain statement rule nothing acknowledgment retain substantial sovereign powers constitutional scheme powers congress readily interfere congress intends alter usual constitutional balance federal government must make intention unmistakably clear language statute quoting atascadero state hospital scanlon supra bass clear statement rule rooted concepts american federalism thus position required employ clear statement rule context ignores constitutional source rule eleventh amendment spells one instance one respect forbearance due national state governments respect cements federation constitution clear statement rule assumes congress show respect lightly abridging powers sovereignty retained standpoint makes little sense apply clear statement rule congressional enactments make liable damages suits federal courts apply clear statement rule congressional enactments make liable damages suits courts sovereign immunity crucial attribute separate governments infringed cases suggested dichotomy makes even less sense consider remarkable anomaly two canons statutory construction create statutory scheme state courts exclusive avenue obtaining recovery federal statute iii gives guidance lower courts apply clear statement rule obscurity point little goals stability predictability assertedly drive analysis says stare decisis prevail clear statement rule congress manifested acquiescence statutory interpretation silence citizens acted reliance previous decision ante yet previously applied clear statement rule despite presence considerations four years ago held congress manifest consent allow sued fela damages federal despite congressional silence face holding parden welch texas dept highways public transportation intervening four years make likely congress silently consented remaining encroachment upon state sovereignty parden sanctioned long must congress remain silent declare constructive consent statutory interpretation suggestion cases better divine congress change balance power federal government listening congressional silence clear legislative statement substitutes telepathy statutory interpretation deciding ignore requirements clear statement rule also considers extent citizens relied past decisions analysis looks reliance employees may without remedy fela apply state employers standpoint however ignores fact generally assume waive right challenge abrogation traditional authority acquiesced even relied longstanding congressional regulation see welch constructive consent suit sufficient reliance exception clear statement rule thus reinstates theory constructive waiver sovereign immunity cases repeatedly rejected see ibid atascadero state hospital scanlon port authority feeney sum newly created exception clear statement rule threatens eliminate altogether except eleventh amendment sovereign immunity abrogated federal difficult impossible lower courts know apply rule interpreting statutes upset traditional balance state federal government outside context eleventh amendment immunity iv fears strict application precedent require clear statement congressional regulation state railroads ante fear well founded clear statement doctrine recently articulated gregory requires clear statement congress assume intends alter usual constitutional balance power areas traditionally regulated gregory traditionally regulated liability damages suits traditionally regulated interstate railroads see wabash illinois transportation union long island clear statement rule context applies fela provides cause action damages apply congressional regulation state railroads application clear statement rule overrule port authority feeney supra feeney held state waive sovereign immunity suit consent damages action fela feeney underlying assumption course congress intended include railroads class appropriate fela defendants within contemplated category defendants consent suit create cause action entity congress subjected liability howlett rose welch hold railroads owned outside fela category common carrier railroad however fact welch never clarified count context fela clear statement congressional intent submit damages suits aspect state sovereignty stake immunity damages suits clear statement required tailored concern see gregory ashcroft application federal statute change state law respect tenure state judges clear statement rule tailored question whether congress intended statute apply state judges whether congress intended statute apply generally clear statement context statement congress intended abrogate immunity suit dellmuth muth congress clearly wanted common carrier railroad subject suit fela railroad owners clearly within contemplated category defendants congress however clearly say whether intended force happen also railroad owners submit suit without consent indeed quite doubtful congress thought power create causes action fela enacted see welch supra scalia concurring part concurring judgment since enacting fela congress clearly stated wishes abrogate state immunity suit said wishes provide damages remedy employees common carrier railroad state proper defendant consents sued fela capacity railroad owner unless state agrees treated railroad owner instead sovereign may sued without consent south carolina agreed throw mantle sovereign immunity may sued fela therefore affirm judgment south carolina concern south carolina public railways commission employees without remedy determine result case clarified doctrine instead obfuscating allow compensation schemes fill void left fela quickly assume south carolina callously ignore fate workers certainly south carolina stake seeing employees compensated congress instead avoiding implications previous decisions adhere holding premised fairness unfair courts parties must parse doctrine applying clear statement rule therefore respectfully dissent