It is significant as one of only three cases allowing Congress to use an Article I power to authorize individuals to sue states, the others being PennEast Pipeline Co. v. New Jersey and Torres v. Texas Department of Public Safety.

Beginning with Hans v. Louisiana (1890), a line of controversial Supreme Court cases had applied the concept of sovereign immunity to suits brought by private individuals against state governments.

Oral argument was held on October 31, 2005, with William E. Thro arguing for the petitioners and Kim Martin Lewis for the respondents.

[1] During oral arguments, a light bulb exploded 44 feet (13 m) above the bench, showering the front of the court with small shards of glass.

In coming to its conclusion, the Court declined to follow dicta in Seminole Tribe v. Florida suggesting a contrary result.