College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board

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College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board, 527 U.S. 666 (1999), was a decision by the Supreme Court of the United States relating to the doctrine of sovereign immunity.

Opinion of the Court

A companion case to the similarly named (but not to be confused) Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, the court held – in a decision authored by Justice Antonin Scalia – that sovereign immunity precluded a private action brought under the Lanham Act. For such an action to be sustained, the Court explained, the state must either consent to the suit, or have had its sovereign immunity waived by Congress:

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