Page:Alabama v. North Carolina, 560 U.S. (2010) slip opinion.pdf/28

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inconsistent with our decisions construing state sovereign immunity as a "personal privilege." ''College Savings Bank v. Florida Prepaid Postsecondary Ed. Expense Bd., 527 U. S. 666, 675 (1999) (internal quotation marks omitted); see also Alden'', 527 U. S., at 758. But nothing in those cases suggests that Arizona v. California has been implic­itly overruled. See Shalala v. Illinois Council on Long Term Care, Inc., 529 U. S. 1, 18 (2000). Neither of them arose under our original jurisdiction, and neither cited Arizona v. California or discussed—at all—the sovereign immunity issue that case addressed. That sovereign immunity is a personal privilege of the States says noth­ing about whether that privilege "is not compromised," Arizona v. California, supra, at 614, by an additional, nonsovereign plaintiff's bringing an entirely overlapping claim for relief that burdens the State with no additional defense or liability.

North Carolina contends that Arizona v. California cannot apply to the Commission's claims, because the Commission does not—indeed, cannot—assert the same claims or seek the same relief as the plaintiff States. We disagree. In the bill of complaint, the States and the Commission assert the same claims and request the same relief. Bill of Complaint ¶¶62–86 and Prayer for Relief. Their claim for restitution of $80 million cannot, given the