FACTS: Indian Gaming Regulatory Act imposes a duty to states to negotiate in good faith & authorize tribes to bring suit in fed. court. against states to compel that duty.

Issue 1) Has State immunity been abrogated by Congress?
a) unmistakably clear? YES.
b) pursuant to a valid exercise of power? NO.
Fitzpatrick’s source of 14th Am is valid. Union Gas is overruled (but its rationale would have allowed Seminole to recover). Adopts Union Gas Dissent’s reasoning (Fitzpatrick cannot be read to justify limitations on the principle embodied in the 11th Am through appeal to antecedent provisions of the Constitution).
Issue 2) Does the Young Doctrine apply?
Court should hesitate where Congress has prescribed a remedial scheme for a State statutory duty. Congress’s remedy is much narrower than what would have been allowed under Young doctrine, indicating that they did not want Young remedies to be available.