Fitzpatrick v. Bitzer

Fitzpatrick v. Bitzer
Argued April 20–21, 1976
Decided June 28, 1976
Full case nameFitzpatrick, et al. v. Bitzer, Chairman, State Employees' Retirement Commission, et al. (75-251) consolidated with Bitzer, Chairman, State Employees' Retirement Commission, et al. v. Matthews, et al. (75-283)
Citations427 U.S. 445 (more)
96 S. Ct. 2666; 49 L. Ed. 2d 614; 1976 U.S. LEXIS 160; 12 Fair Empl. Prac. Cas. (BNA) 1586; 12 Empl. Prac. Dec. (CCH) ¶ 10,999; 1 Employee Benefits Cas. (BNA) 1040
Case history
PriorCertiorari to the United States Court of Appeals for the Second Circuit
Holding
The Fourteenth Amendment gives Congress the power to override a State's Eleventh Amendment sovereign immunity for the purpose of enforcing civil rights on the States.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinions
MajorityRehnquist, joined by Burger, Stewart, White, Marshall, Blackmun, Powell
ConcurrenceBrennan (in judgment)
ConcurrenceStevens (in judgment)
Laws applied
U.S. Const. amends. XI, XIV

Fitzpatrick v. Bitzer, 427 U.S. 445 (1976), was a United States Supreme Court decision that determined that the U.S. Congress has the power to abrogate the Eleventh Amendment sovereign immunity of the states, if this is done pursuant to its Fourteenth Amendment power to enforce upon the states the guarantees of the Fourteenth Amendment.[1]


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