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Eldred v. Ashcroft

Docket No.: 01-618
Certiorari Granted: Feb 19 2002
Argued: October 9, 2002
Decided: January 15, 2003

Topics:

17 U.S.C. 302, Economic Activity, Antitrust, Arbitration, Article I, Commerce Clause, Ex post facto, First Amendment, Fourteenth Amendment, Necessary and Proper, Supremacy Clause, copyright, judicial review, patent, preemption, property rights, trademark

PartyNames: Eric Eldred, et al. v. John D. Ashcroft, Attorney General
Petitioner: Eric Eldred, et al.
Respondent: John D. Ashcroft, Attorney General

Court Below: United States Court of Appeals for the District of Columbia Circuit
Citation: CA DC, 239 F.3d 372. QUESTIONS PRESENTED: I. Did the D.C. Circuit err in holding that Congress has the power under theCopyright Clause to extend retrospectively the term of existing copyrights?
Lower Court Decision
Supreme Court Docket

Eric Eldred, et al.
v.
John D. Ashcroft, Attorney General
537 U.S. 186 (2003)
Question:

Does the 1998 Copyright Term Extension Act's extension of existing copyrights exceed Congress's power under the Copyright Clause? Does the CTEA's extension of existing and future copyrights violate the First Amendment?

Eldred v. Ashcroft
ORAL ARGUMENT

October 9, 2002

Holding: affirmed
Decision: Decision: 7 votes for Ashcroft, 2 vote(s) against

Eldred v. Ashcroft
Case Documents

1Opinion in Eldred v. Ashcroft
2Opinion in Eldred v. Ashcroft
Additional documents for this case are pending review.