In The
Supreme Court of the United States
HOFFMAN
v.
CONNECTICUT DEPARTMENT OF INCOME MAINTENANCE
Decided June 23, 1989
Justice O’Connor, Concurring
| Topic: Economic Activity* | Court vote: 5–4 | |
| Note: No other Justices joined this opinion. | ||
| Citation: 492 U.S. 96 | Docket: 88–412 | Audio: Listen to this case's oral arguments at Oyez |
* As categorized by the Washington University Law Supreme Court Database
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Opinion
JUSTICE O'CONNOR, concurring.
Although I agree with JUSTICE SCALIA that Congress may not abrogate the States' Eleventh Amendment immunity by enacting a statute under the Bankruptcy Clause, a majority of the Court addresses instead the question whether Congress expressed a clear intention to abrogate the States' Eleventh Amendment immunity. On the latter question, I agree with JUSTICE WHITE, and join the plurality's opinion.
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