In The
Supreme Court of the United States

Hoffmanv.Connecticut Department of Income Maintenance

Decided June 23, 1989
Justice O’Connor, Concurrence

CASE DETAILS

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

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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.