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Tennessee Student Assistance Corporation v. Hood

Docket No.: 02-1606
Certiorari Granted: Sep 30 2003
Argued: March 1, 2004
Decided: May 17, 2004

Topics:

Amendment 11: Eleventh Amendment, Federalism, Natural Resources, 11th Amendment, Article I, Article I of the Constitution, Bankruptcy, Bankruptcy Code, Civil Procedure, Eleventh Amendment, Federal Rules of Civil Procedure, Fifth Amendment, Miranda, Supremacy Clause, habeas, habeas corpus, immunity from suit, sovereign immunity

PartyNames: Tennessee Student Assistance Corporation v. Pamela L. Hood
Petitioner: Tennessee Student Assistance Corporation
Respondent: Pamela L. Hood

Court Below: United States Court of Appeals for the Sixth Circuit
Citation: CA 6, 319 F.3d 755 QUESTION PRESENTED Whether Congress has the authority to abrogate state sovereign immunityunder the Bankruptcy Clause of Article I, U.S. Const., art. I, § 8, cl. 4.
Supreme Court Docket

Tennessee Student Assistance Corporation
v.
Pamela L. Hood
541 U.S. 440 (2004)
Question:

Does the Bankruptcy Clause (Article I Section 8 of the U.S. Constitution) give Congress the power to waive a state's sovereign immunity in matters pertaining a federal bankruptcy court's forgiveness of debt owed to the state?

Note:

. CA 6, 319 F.3d 755 QUESTION PRESENTED Whether Congress has the authority to abrogate state sovereign immunityunder the Bankruptcy Clause of Article I, U.S. Const., art. I, § 8, cl. 4. CERT. GRANTED: 9/30/03

Tennessee Student Assistance Corporation v. Hood
ORAL ARGUMENT

March 1, 2004

Holding: is affirmed and remanded
Decision: Decision: 7 votes for Hood, 2 vote(s) against
Vote: 7-2
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