Allen v. Cooper
Supreme Court of the United States
1Opinion of the CourtJustice Kagan
*998 In two basically identical statutes passed in the early 1990s, Congress sought to strip the States of their sovereign immunity from patent and copyright infringement suits. Not long after, this Court held in *999 Florida Prepaid Postsecondary Ed. Expense Bd. v. College Savings Bank , 527 U.S. 627 , 119 S.Ct. 2199 , 144 L.Ed.2d 575 (1999), that the patent statute lacked a valid constitutional basis. Today, we take up the copyright statute. We find that our decision in Florida Prepaid compels the same conclusion.
I
In 1717, the pirate Edward Teach, better known as Blackbeard, captured a French slave…
Also in this document: Concurring in the judgment · Thomas; Concurring in the judgment · Breyer.
2Cases cited26 opinions
- Hudson v. PalmerSupreme Court of the United States · 1984
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Marbury v. MadisonSupreme Court of the United States · 1803
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- City of Boerne v. FloresSupreme Court of the United States · 1997
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3Cited by136 opinions
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- Allegheny Defense Project v. FERCCourt of Appeals for the D.C. Circuit · 2020
- Oneida Indian Nation v. PhillipsCourt of Appeals for the Second Circuit · 2020
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