Read the following excerpt from a US court opinion:
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or desire,” which might weigh in favor of construing a waiver narrowly, but rather by the “need to avoid inconsistency, anomaly, and unfairness,” which requires a general assessment of the equities associated with the state’s participation in the bankruptcy litigation. Lapides, 535 U.S. at 620, 122 S.Ct. 1640. As discussed above, the balance of these equities favors a construction of the Eleventh Amendment that would permit a debtor to assert a permissive counterclaim capped by a setoff limitation against a state that has filed a proof of claim. Second, the Supreme Court developed the “narrow construction” rule as a means of interpreting a state’s “unequivocal expression” of waiver in state statutes, state constitutions, and the like. Nordic Vill., 503 U.S. at 34, 112 S.Ct. 1011  (internal quotation marks omitted); see, e.g.,
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What is the most suitable continuation to the opinion? Your options are:
A. holding  2513 to be jurisdictional and therefore must be strictly construed
B. holding that penal statutes are to be strictly construed in favor of the persons sought to be subjected to their operation
C. holding that railroad immunity act should be strictly construed
D. holding that a statute enacted in derogation of the common law must be strictly construed  
E. holding that a governments consent to be sued must be construed strictly in favor of the sovereign
Reply with [A, B, C, D, E] only.