Allen v. Cooper: When is a Precedent “Extended”?
In Allen v. Cooper, decided Monday, the Supreme Court held unanimously (with some concurrences) that Congress lacked constitutional authority to abrogate state sovereign immunity for claims of copyright infringement. The opinion relied heavily on the Court’s...
Stare Decisis: Precedent vs the Constitution
TAC memberships help us produce more educational tools like this. Members can download this video and read the full transcript here. As the founders widely understood, the Constitution is supreme. And it remains supreme even if the opinion of the Supreme Court...