5 Because Congress has clearly expressed its intention to subject States to suits by pri- vate parties under the ADEA, I join Part III of the Opinion of the Court.
1. I concur in Parts I, II, and IV of the Court's opinion because I agree that the purported abrogation of the States' Eleventh Amendment immunity in the ADEA falls outside Congress' § 5 enforcement power. . The remainder of Justice Thomas's opinion is omitted.—Ed.