Kimel v. Florida Bd. of Regents 528 U.S. 62
Issue: Age Discrimination
"In a 5-4 opinion delivered by Justice Sandra Day O'Connor, the Court held that the ADEA contains a clear statement of Congress' intent to abrogate the states' immunity, but that the abrogation exceeds Congress' authority under the Fourteenth Amendment. "States may discriminate on the basis of age without offending the Fourteenth Amendment if the age classification in question is rationally related to a legitimate state interest," wrote Justice O'Connor for the Court. Justice O'Connor noted that, "[o]ld age also does not define a discrete and insular minority because all persons, if they live out their normal life spans, will experience it." Justice O'Connor concluded that "[i]n contrast, when a State discriminates on the basis of race or gender, we require a tighter fit between the discriminatory means and the legitimate ends they serve." Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer dissented."