Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
2019 Term
Oral Argument Date
November 05, 2019
Lower Court Opinion
Questions Presented
Whether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act, Pub. L. No. 101-553, 104 Stat. 2749 (1990), in providing remedies for authors of original expression whose federal copyrights are infringed by States
Case Updates
U.S. Supreme Court holds that the doctrine of sovereign immunity bars states from being sued for copyright infringement
March 23, 2020
Relying on precedent, the Court held that Congress did not have constitutional authority to abrogate the states’ sovereign immunity. But the Court left open the possibility that Congress in the future could permit copyright claims against states if Congress develops a stronger legislative record demonstrating state copyright infringement.
U.S. Chamber files coalition merits-stage brief urging Supreme Court to uphold Congress’ abrogation of the States’ sovereign immunity against claims of copyright infringement
August 13, 2019
Click here to view the Chamber’s amicus brief.
Beth S. Brinkman of Covington & Burling LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Case Documents
- Cert. Petition -- Allen v. Cooper (U.S. Supreme Court).pdf
- Brief for Petitioners -- Allen v. Cooper (U.S. Supreme Court).pdf
- U.S. Chamber Amicus Brief -- Allen v. Cooper (U.S. Supreme Court) .pdf
- Opinion -- Allen v. Cooper (U.S. Supreme Court).pdf