Fifth Circuit: TX Education Agency v. US Dept. of Education

 

The investigation and fee award from the federal whistleblower retaliation proceeding invoked by the complainant are prohibited by sovereign immunity.  The statute associating the receipt of federal funds with the liability is invoked by the complaint, not by the US, and it doesn't specifically mention the waiver of sovereign immunity; the explicit waiver must be in the statute, not the implementing regulation, so not to infringe the spending power of Congress.


TX Education Agency v. US Dept. of Education