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Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank

florida prepaid post secondary education expense board v. college savings bank
Florida Prepaid Postsecondary Education Expense Board v College Savings Bank, 527 US 627 1999, was a decision by the Supreme Court of the United States relating to the doctrine of sovereign immunity

Florida Prepaid was a companion case to the similarly named but not to be confused College Savings Bank v Florida Prepaid Postsecondary Education Expense Board, 527 US 666 1999 Where College Savings Bank was an action brought under the Lanham Act, Florida Prepaid was a concurrent action brought under the Patent and Plant Variety Protection Remedy Clarification Act Although it was unnecessary to reach the question of whether Congress had validly abrogated Florida's sovereign immunity in College Savings Bank, the question was unavoidable in Florida Prepaid

In a 5-4 decision authored by Chief Justice William Rehnquist, the court held that the Act's abrogation of States' sovereign immunity was invalid Congress could only abrogate sovereign immunity pursuant to its powers under § 5 of the Fourteenth Amendment and not Article I see Fitzpatrick v Bitzer; Seminole Tribe v Florida Applying the § 5 test provided in City of Boerne v Flores, the validity of the Act could not be sustained

See alsoedit

  • List of United States Supreme Court cases, volume 527
  • List of United States Supreme Court cases
  • Lists of United States Supreme Court cases by volume


florida prepaid post secondary education expense board v. college savings bank


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