Mojsilovic v Oklahoma ex rel. The Board of Regents for the University of Oklahoma

Mojsilovic appealed dismissal of their forced labor claim under 18 USC 1595 arguing sovereign immunity had been abrogated for such claims. The panel affirmed. It held that 1595’s authorization of suit absent the perpetrator of forced labor or “whoever” knowing benefits from the forced labor is not unmistakably clear language abrogating immunity as the terms are undefined and thus do not signal an intent to abrogate. It rejected Molsilovic’s 13th Amendment argument holding 1595 was enacted under the commerce clause, no the 13th Amendment, and thus had no power to abrogate immunity.