Congress's power upheld in three cases -- Sabri, Lane and Hood

Marty Lederman marty.lederman at comcast.net
Mon May 17 08:51:12 PDT 2004


Clarification:  The Court did not reach the constitutional issue on which cert. was granted in Hood.  It held that because the Bankruptcy Court's discharge of a student loan debt is an in rem proceeding, it does not implicate a State's so-called "Eleventh Amendment" immunity, and thus the Court did not have to decide whether and under what circumstances the Bankruptcy Clause gives Congress the authority to abrogate state sovereign immunity.


----- Original Message ----- 
From: "Marty Lederman" <marty.lederman at comcast.net>
To: <conlawprof at lists.ucla.edu>
Sent: Monday, May 17, 2004 11:20 AM
Subject: Re: Congress's power upheld in three cases -- Sabri, Lane and Hood


> Further details posted on SCOTUSblog, here:
> 
> http://www.goldsteinhowe.com/blog/archive/2004_05_16_SCOTUSblog.cfm#108480383051699662
> 
> 
> ----- Original Message ----- 
> From: "Marty Lederman" <marty.lederman at comcast.net>
> To: <conlawprof at lists.ucla.edu>
> Sent: Monday, May 17, 2004 10:31 AM
> Subject: Congress's power upheld in three cases -- Sabri, Lane and Hood
> 
> 
> > It's congressional power day:  Three cases in which congressional power
> was
> > upheld against constitutional challenge, including one case (Hood) in
> which
> > the SG did not even participate because of his conclusion that the statute
> > was constitutionally indefensible.
> >
> > The Court today issued opinions in the following cases:
> >
> > No. 03-44, Sabri v. United States, per Justice Souter, affirmed and
> remanded
> >
> > No. 02-1689, Grupo Dataflux v. Atlas Global Group, per Justice Scalia,
> > reversed
> >
> > No. 02-1016, Till v. SCS Credit Corp., per Justice Stevens, reversed and
> > remanded
> >
> > No. 02-1667, Tennessee v. Lane, per Justice Stevens, affirmed (Goldstein
> and
> > Howe represented Respondents)
> >
> > No. 02-1606, Tennessee Student Assistance Corp. v. Hood, per the Chief
> > Justice, aff'd
> >
> > More details to follow.
> >
> >
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> 
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