January 18, 2012
On January 11, 2012, the Supreme Court heard oral argument in Coleman v. Maryland Court of Appeals. The question before the Court is whether Congress, in passing the “self-care” provision of the Family and Medical Leave Act, validly abrogated the Eleventh Amendment sovereign immunity of states. Under the self-care provision, a state worker may sue if the state interferes with the worker’s statutory right to a certain amount of leave due to a personal, debilitating health condition.
To discuss the case, we have Elizabeth Price Foley, who is a Professor at the Florida International University School of Law.