ABSTRACT
In Kimel v. Board of Regents, 528 US 62, the US Supreme Court made it extremely difficult for individuals who have been the subject of age discrimination at the hands of a state to seek redress by suing for monetary damages. The Court considered the constitutionality of the 1974 amendments to the Age Discrimination in Employment Act (ADEA). The Supreme Court held that Congress exceeded its constitutional power by bringing the states under federal jurisdiction; thus the Court held the 1974 ADEA amendments unconstitutional. The Kimel case is typical of Supreme Court decisions during this time period regarding issues of federalism, in which a five-four majority generally have held that the federal government could not usurp the states' authority. The consequence of the Supreme Court's approach to federalism is that Congress is less able to protect individual rights and liberties, since the Court seems intent on limiting federal power over the states, as represented by the Kimel decision.
