sentences: "Rather, the plaintiff had to show that Congress was preventing violations of the Fourteenth Amendment ""by the State against which the enforcement action is taken"," which in this case was Nevada.Because Congress could not rely on what he termed "guilt by association", and because he believed the majority had not shown that each of the 50 states had engaged in gender-based violations of the Equal Protection Clause, Justice Scalia concluded that the FMLA was unconstitutional.