Frederick L. Allen, Petitioners v. Roy A. Cooper, Iii

Summary

The Supreme Court affirmed the Fourth Circuit’s decision that the Copyright Remedy Clarification Act of 1990 does not validly abrogate state sovereign immunity. The Court held that Congress lacks authority under both the Intellectual Property Clause of Article I and Section 5 of the Fourteenth Amendment to strip states of immunity given the insufficient record of constitutional injury. Accordingly, the statute is unconstitutional.