Central Virginia Community College v. Katz

Central Virginia Community College v. Katz
Argued October 31, 2005
Decided January 23, 2006
Full case nameCentral Virginia Community College, et al. v. Katz, Liquidating Supervisor for Wallace's Bookstores, Inc.
Docket no.04-885
Citations546 U.S. 356 (more)
126 S. Ct. 990; 163 L. Ed. 2d 945
ArgumentOral argument
Case history
Prior106 F. App'x 341 (6th Cir. 2004); cert. granted, 544 U.S. 960 (2005).
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
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinions
MajorityStevens, joined by O'Connor, Souter, Ginsburg, Breyer
DissentThomas, 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 United States Supreme Court case holding that the Bankruptcy Clause of the Constitution abrogates state sovereign immunity. It is significant as one of only three cases allowing Congress to use an Article I power to authorize individuals to sue states, the others being PennEast Pipeline Co. v. New Jersey and Torres v. Texas Department of Public Safety.


© MMXXIII Rich X Search. We shall prevail. All rights reserved. Rich X Search