Department of Agriculture Rural Development Rural Housing Service v. Kirtz (2024) 144 S. Ct. 457
Unless Congress clearly states otherwise, it is presumed not to have waived sovereign immunity. This clear statement rule requires either an express statement that Congress is stripping away sovereign immunity or a statute that creates a cause of action and explicitly authorizes suit against a government entity on that cause of action. The FCRA waives sovereign immunity by the latter… Read More