In the case of Paul D. Lapides v. Board of Regents of the University System of Georgia, et al., 2001, the U.S Supreme Court ruled that a state waives its Eleventh Amendment immunity when it removes a lawsuit from state court to federal court. The plaintiff, Paul D. Lapides, was an employee at Kennesaw State University in Georgia who filed a lawsuit against his employer for alleged violation of his First Amendment rights and defamation under both federal and state law claims. The university attempted to have the case moved to federal court then sought dismissal based on sovereign immunity under the Eleventh Amendment which generally protects states from being sued in federal courts without their consent. The Supreme Court held that by voluntarily invoking jurisdiction in Federal Court through removal action, they had waived their right to claim sovereign immunity there as well.

In the dissenting opinion for Paul D. Lapides v. Board of Regents of the University System of Georgia, Justice Clarence Thomas argued that a state's voluntary appearance in federal court does not necessarily waive its Eleventh Amendment immunity from suit. He contended that waiver should only be found where it is clear and unequivocal, which was not evident in this case as per his interpretation. He also disagreed with the majority’s view on fairness and inconsistency issues related to states invoking jurisdiction while claiming immunity simultaneously, stating that such concerns were policy matters better left to Congress rather than courts to address. Furthermore, he expressed concern about potential unintended consequences resulting from broadening the scope for waiving sovereign immunity.