SIDEBAR - Copyright and State Sovereign Immunity - The Allen v. Cooper Decision

Published: Aug. 1, 2020, 12:56 a.m.

b'On March 23, 2020, the Supreme Court issued its opinion in Allen v. Cooper, concluding that Congress lacked the authority to enact the Copyright Remedy Clarification Act of 1990 (CRCA), which purported to abrogate state sovereign immunity in copyright infringement actions. The CRCA, which sought to remedy alleged state copyright infringement, provides that any \\u201cState, and any [State] instrumentality, officer, or employee\\u201d shall be liable for copyright infringement \\u201cin the same manner and to the same\\nextent as any nongovernmental entity.\\u201d In Allen, the Supreme Court held that the CRCA was not a valid exercise of Congress\\u2019s constitutional powers under Article I or Section 5 of the Fourteenth Amendment, although the opinion leaves open the possibility that a narrower congressional abrogation of state sovereign immunity for copyright suits might be constitutional.\\nThe immediate practical effect of the decision is that copyright holders cannot sue state governments for copyright infringement without their consent. The decision\\u2019s broader significance lies in clarifying the\\nlimitations on Congress\\u2019s power to provide remedies for state constitutional violations. This Sidebar will review the law of state sovereign immunity, the dispute in Allen v. Cooper, the Court\\u2019s opinion, and the implications for Congress.\\n\\n--- \\n\\nSupport this podcast: https://anchor.fm/scotus/support'