Number: RL33214
Title: Federalism: Selected Opinions of Judge Samuel Alito
Authors: Kenneth R. Thomas and Todd B. Tatelman, American Law Division 
Abstract: During his 15 years as a federal appellate judge on the Third Circuit, Judge Samuel Alito has written several opinions related to federalism. Two of these cases appear to be of particular significance. In Chittister v. Department of Community and Economic Development, Judge Alito authored a unanimous opinion which held that an individual could not sue a state under the Family Medical Leave Act (FMLA). This opinion addressed an issue which has been controversial in recent years - the parameters of the 11th Amendment and Section 5 of the 14th Amendment. The decision held that a provision of the Family Medical Leave Act which mandates the provision of sick leave for employees with serious health conditions could not be enforced by employees against states agencies or instrumentalities.
Pages: 15
Date: December 30, 2005