In The

Supreme Court of the United States




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: 88–412Audio: Listen to this case's oral arguments at Oyez

* As categorized by the Washington University Law Supreme Court Database

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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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