Court of Appeals for the Sixth Circuit July 17, 2000, 99-3274 (Naomi L. Sims, United States of America, Intervenor v. The University of Cincinnati)

OPINION

BATCHELDER, Circuit Judge.

This case requires us to decide whether the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. §§ 2601

et seq.,

is a valid exercise of Congress’s power to enforce the Fourteenth Amendment and thus abrogates the States’ Eleventh Amendment immunity. We hold that it is not and does not.

I

Naomi L.