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TENNESSEE STUDENT ASSISTANCE CORPORATION v. HOOD

No. 02-1606.

541 U.S. 440 (2004)

TENNESSEE STUDENT ASSISTANCE CORPORATION v. HOOD.

Supreme Court of United States.

Decided May 17, 2004.

Attorney(s) appearing for the Case

Daryl J. Brand, Associate Solicitor General of Tennessee, argued the cause for petitioner. With him on the briefs were Paul G. Summers, Attorney General, Michael E. Moore, Solicitor General, Cynthia E. Kinser, Deputy Attorney General, and Marvin E. Clements, Jr.

Leonard H. Gerson argued the cause and filed a brief for respondent.*

REHNQUIST, C. J., delivered the opinion of the Court, in which STEVENS, O'CONNOR, KENNEDY, SOUTER, GINSBURG, and BREYER, JJ., joined. SOUTER, J., filed a concurring opinion, in which GINSBURG, J., joined, p. 455. THOMAS, J., filed a dissenting opinion, in which SCALIA, J., joined, p. 455.

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

Article I, § 8, cl. 4, of the Constitution provides that Congress shall have the power "[t]o establish . . . uniform Laws on the subject of Bankruptcies throughout the United States." We granted certiorari to determine whether this Clause grants Congress the authority to abrogate state sovereign immunity from private suits. Because we conclude that a proceeding...

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