Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank

Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, 527 U.S. 627 (1999), was a decision by the Supreme Court of the United States relating to the doctrine of sovereign immunity .

Florida Prepaid was a companion case to the similarly named (but not to be confused) _College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board _, 527 U.S. 666 (1999). Where College Savings Bank was an action brought under the Lanham Act , Florida Prepaid was a concurrent action brought under the Patent and Plant Variety Protection Remedy Clarification Act . Although it was unnecessary to reach the question of whether Congress had validly abrogated Florida's sovereign immunity in College Savings Bank, the question was unavoidable in Florida Prepaid.

Contents

• 1 Findings

• 2 Implications

• 3 See also

• 4 References

• 5 Further reading

• 6 External links

Findings

(https://en.wikipedia.org/w/index.php?title=Florida_Prepaid_Postsecondary_Education_Expense_Board_v._College_Savings_Bank&action=edit&section=1 "Edit section: Findings")

In a 5–4 decision authored by Chief Justice William Rehnquist , the court held that the Act's abrogation of States' sovereign immunity was invalid. Congress could only abrogate sovereign immunity pursuant to its powers under § 5 of the Fourteenth Amendment and not Article I (see _Fitzpatrick v. Bitzer _; _Seminole Tribe of Florida v. Florida _). Applying the § 5 test provided in _City of Boerne v. Flores _, the validity of the Act could not be sustained.

Implications

(https://en.wikipedia.org/w/index.php?title=Florida_Prepaid_Postsecondary_Education_Expense_Board_v._College_Savings_Bank&action=edit&section=2 "Edit section: Implications")

The results of the case are cited repeatedly in subsequent patent cases, and criticized.

Justice Stephen Breyer , in _Active Liberty _ (Federalism), mentions the case as example of potentially overreaching or counterproductive restriction of federal authority to "create uniform individual remedies under legislation dealing with nationwide problems—for example, private civil damages actions for citizens injured by a state's unlawful use of their intellectual property."

See also

(https://en.wikipedia.org/w/index.php?title=Florida_Prepaid_Postsecondary_Education_Expense_Board_v._College_Savings_Bank&action=edit&section=3 "Edit section: See also")

• List of United States Supreme Court cases, volume 527

• List of United States Supreme Court cases

• Lists of United States Supreme Court cases by volume

References

(https://en.wikipedia.org/w/index.php?title=Florida_Prepaid_Postsecondary_Education_Expense_Board_v._College_Savings_Bank&action=edit&section=4 "Edit section: References")

1. ↑ Melman, Daniel J. (March 2012). "Patently Wrong: A Critical Analysis of Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank" . St. John's Law Review. 74 (3): 875–934. Retrieved October 6, 2017.

Further reading

(https://en.wikipedia.org/w/index.php?title=Florida_Prepaid_Postsecondary_Education_Expense_Board_v._College_Savings_Bank&action=edit&section=5 "Edit section: Further reading")

• Beals, Christopher L. (2006–2007). "A Review of the State Sovereignty Loophole in Intellectual Property Rights following Florida Prepaid and College Savings Comments" . _University of Pennsylvania Journal of Constitutional Law _. 9 (5): 1233–1276. Retrieved June 27, 2025.
• Brandt, Robert G. (2000). "Florida Prepaid Post-Secondary Educ. Expense Bd. v. College Sav. Bank and the United States of America, 119 S. CT. 2199 (1999) Notes" . _Saint Louis University Public Law Review _. 19 (2): 485–506. Retrieved June 27, 2025.
• Campbell, Rachael A. (1999–2000). "Florida Prepaid v. College Savings: United States Supreme Court Supports State Immunity from Suit under Federal Patent Law Case Notes" . _Santa Clara Computer and High-Technology Law Journal _. 16 (2): 499–510. Retrieved June 27, 2025.
• Fleming, Joseph Z. (1999). "If Abraham Lincoln Died for Federalism, Did He Die in Vain - Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank and United States On Developing Issues in State and Local Government: Recent Developments in Crisis Management Law" . _Urban Lawyer _. 31 (4): 777–792. Retrieved June 27, 2025.
• Ghosh, Shubha (2000). "Toward a Theory of Regulatory Takings for Intellectual Property: The Path Left Open after College Savings v. Florida Prepaid" . _San Diego Law Review _. 37 (3): 637–710. Retrieved June 27, 2025.
• McLain, Steven (2000–2001). "Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank: Sovereign Impenetrability Casenote" . _George Mason Law Review _. 9 (2): 529–558. Retrieved June 27, 2025.
• Polse, Jennifer (2001). "Holding the Sovereign's Universities Accountable for Patent Infringement after Florida Prepaid and College Savings Bank Comment" . _California Law Review _. 89 (2): 507–536. Retrieved June 27, 2025.
• Wells, Michael (1999–2000). "Available State Remedies and the Fourteenth Amendment: Comments on Florida Prepaid v. College Savings Bank Symposium on New Directions in Federalism" . _Loyola of Los Angeles Law Review _. 33 (4): 1665–1686. Retrieved June 27, 2025.
• Williams, Joan N. (1999–2000). "A License to Steal: Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, 119 S. Ct. 2199 (1999) Note" . _University of Dayton Law Review _. 25 (2): 283–306. Retrieved June 27, 2025.
• Wilmoth, Robert C. (2002). "Toward a Congruent and Proportional Patent Law: Redressing State Patent Infringement after Florida Prepaid v. College Savings Bank" . _SMU Law Review _. 55 (2): 519–592. Retrieved June 27, 2025.
• Young, Ernest A. (2000–2001). "State Accountability for Violations of Intellectual Property Rights: How to Fix Florida Prepaid (and How Not To)" . _Texas Law Review _. 79 (5): 1037–1198. Retrieved June 27, 2025.

External links

(https://en.wikipedia.org/w/index.php?title=Florida_Prepaid_Postsecondary_Education_Expense_Board_v._College_Savings_Bank&action=edit&section=6 "Edit section: External links")

• Text of Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, 527 U.S. 627 (1999) is available from: [Google Scholar](https://scho

…