Central Virginia Community College v. Katz
Central Virginia Community College v. Katz | |
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Holding | |
A bankruptcy trustee's proceeding to set aside the debtor's preferential transfers to state agencies is not barred by sovereign immunity. | |
Court membership | |
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Case opinions | |
Majority | Stevens, joined by O'Connor, Souter, Ginsburg, Breyer |
Dissent | Thomas, joined by Roberts, Scalia, Kennedy |
Laws applied | |
U.S. Const. Art. I § 8 |
Central Virginia Community College v. Katz, 546 U.S. 356 (2006), is a
Background
In England, sovereign immunity referred to the concept that the king could not be sued without his consent. Beginning with
Oral arguments
Oral argument was held on October 31, 2005, with William E. Thro arguing for the petitioners and Kim Martin Lewis for the respondents.[1] During oral arguments, a light bulb exploded 44 feet (13 m) above the bench, showering the front of the court with small shards of glass. Chief Justice John Roberts, who had been on the court for less than a month, quipped that "it's a trick they play on new chief justices all the time," prompting laughter, "we're even more in the dark now than before."[2]
Opinion of the Court
In an opinion by
The Court stated early bankruptcy legislation also supported its interpretation of the Bankruptcy Clause. It noted that in 1800, when concerns for state sovereign immunity ran fervent, Congress, with no recorded objection, gave federal courts power to release debtors from state prison through the writ of habeas corpus.
In coming to its conclusion, the Court declined to follow
Dissent
Justice Thomas, writing for himself and three other justices, argued the historical record indicated states did not give up their sovereign immunity under the Bankruptcy Clause. The dissenters would have followed the view that nothing in Article I abrogates state sovereign immunity.
References
- ^ "Supreme Court Docket No. 04-885". Supreme Court of the United States. Retrieved October 16, 2018.
- ^ Mears, Bill (December 28, 2005). "Chief Justice Roberts wins early praise". CNN. Retrieved October 16, 2018.
- ^ The Supreme Court, 2005 Term — Leading Cases, 120 Harv. L. Rev. 125 (2006).
External links
- Text of Central Virginia Community College v. Katz, 546 U.S. 356 (2006) is available from: Findlaw Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion) (archived)