October Term 2003 · Docket 02-1606
Can private parties sue a state in bankruptcy court?
the sides that brought the case seek to sue Tennessee. the opposing sides claim sovereign immunity blocks the suit.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Mr. Brand argued state immunity persists in exclusive federal areas.
Mr. Gerson argued bankruptcy operations conflict with state immunity.
chief_justice_rehnquist_noted_the_case_was_submitted.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 25, lines 1-23 — Transcript, file page 25, lines 1-23
- Official Supreme Court Transcript — file page 3, lines 17-41 — Transcript, file page 3, lines 17-41
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 43, lines 17-17 — Transcript, file page 43, lines 17-17
A citizen's guide to the whole case
What this case is about
This case tests state immunity in bankruptcy proceedings.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 1-23 — Transcript, file page 25, lines 1-23
- Official Supreme Court Transcript — file page 3, lines 17-41 — Transcript, file page 3, lines 17-41
How the case got here
The Supreme Court heard oral argument in this case on March 1, 2004.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
What each side wants
the sides that brought the case want to sue Tennessee in bankruptcy court.
the opposing sides want to block the private lawsuit.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 1-23 — Transcript, file page 25, lines 1-23
- Official Supreme Court Transcript — file page 3, lines 17-41 — Transcript, file page 3, lines 17-41
What each side says
the sides that brought the case argue bankruptcy laws override state immunity.
the opposing sides argue sovereign immunity bars private suits.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 1-23 — Transcript, file page 25, lines 1-23
- Official Supreme Court Transcript — file page 3, lines 17-41 — Transcript, file page 3, lines 17-41
What the justices asked
Chief Justice Rehnquist asked if the case was submitted.
Official sources for this section
- Official Supreme Court Transcript — file page 43, lines 17-17 — Transcript, file page 43, lines 17-17
Why it matters
This dispute defines state power against private creditors. It shapes bankruptcy enforcement nationwide.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 1-23 — Transcript, file page 25, lines 1-23
- Official Supreme Court Transcript — file page 3, lines 17-41 — Transcript, file page 3, lines 17-41
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 43, lines 17-17 — Transcript, file page 43, lines 17-17
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 25, lines 1-23 — Transcript, file page 25, lines 1-23
- Official Supreme Court Transcript — file page 3, lines 17-41 — Transcript, file page 3, lines 17-41
- Official Supreme Court Transcript — file page 25, lines 1-23 — Transcript, file page 25, lines 1-23
- Official Supreme Court Transcript — file page 3, lines 17-41 — Transcript, file page 3, lines 17-41
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.