CALIFORNIA ET AL.
v.
UNITED STATES ET AL.

U.S. | 1989-06-12
No. 87-1165
Justice Marshall took no part in the consideration or decision of this case.
490 U.S. 920 Supreme Court of the United States (1989) Negative Treatment
Also reported at: 104 L. Ed. 2d 981 · 109 S. Ct. 2273 · 1989 U.S. LEXIS 2898 · SCDB 1988-110
Cited by 68 cases

Per_curiam
Per Curiam.

Per Curiam.

The judgment below is affirmed by an equally divided Court.

Justice Marshall took no part in the consideration or decision of this case.


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  • …e Constitution, the argument runs, the States necessarily consented to suit in federal court with respect to enactments under ... [the appropriate clauses].” 483 U.S. at 475 n. 5, 107 S.Ct. at 2947 n. 5. In Pennsylvania v. Union Gas Co., 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1 (1989), five members of the Court agreed that Congress has the authority to abrogate state immunity under the Commerce Clause. However, a majority was unable to agree on a rationale in support of this authority- . Congress has since…
  • Seminole Tribe OF Florida v. State, 11 F.3d 1016 (11th Cir. 1994)
    …r States as well as for the Federal Government, was part of the understood background against which the Constitution was adopted, and which its jurisdictional provisions did not mean to sweep away.” Pennsylvania v. Union Gas Co., 491 U.S. 1, 31-32, 109 S.Ct. 2273, 2297, 105 L.Ed.2d 1 (1989) (Scalia, J., concurring in part and dissenting in part). Thus, the Court determined that the principle of sovereign immunity, although omitted from the text of the Constitution, survived the Constitutional Convention. I…
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  • Arizona v. California, 530 U.S. 392 (U.S. 2000)
    …riet [*401] Court by the States and state agencies. Metropolitan Water Dist. of S. Cal. v. United States, 830 F. 2d 139 (1987). We granted certiorari and affirmed the Ninth Circuit’s judgment by an equally divided Court. California v. United States, 490 U. S. 920 (1989) (per curiam). The dismissal of the District Court action dispelled any expectation that a “final determination” of reservation boundaries would occur in that forum. The State parties then moved to reopen the 1964 decree, asking the Court to…

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