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exercised
rem
jurisdiction
make
undue
hardship
determination
motion
ignore
fact
determination
case
sought
pursuant
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proceeding
federal
maritime
south
carolina
ports
authority
adversary
proceeding
clearly
constitutes
suit
state
sovereign
immunity
purposes
thus
reach
easier
question
presented
conclude
congress
lacks
authority
abrogate
state
sovereign
immunity
bankruptcy
clause
avoids
addressing
respondent
principal
argument
basis
appeals
decision
granted
certiorari
order
address
namely
congress
possesses
power
bankruptcy
clause
abrogate
state
sovereign
immunity
suit
instead
affirms
judgment
appeals
based
respondent
alternative
argument
ante
bankruptcy
decision
appropriate
exercise
rem
jurisdiction
brief
respondent
although
respondent
advanced
argument
proceedings
bankruptcy
appellate
panel
sixth
circuit
brief
appellee
declined
appeals
indeed
respondent
relied
entirely
congress
ability
abrogate
state
sovereign
immunity
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clause
rather
rem
theory
reading
missouri
fiske
rem
exception
state
eleventh
amendment
immunity
bankruptcy
brief
appellee
furthermore
respondent
raise
rem
argument
brief
opposition
rule
may
deem
argument
waived
caterpillar
lewis
argument
irrelevant
case
rem
question
complex
uncertain
see
baldwin
reese
federal
maritime
south
carolina
maritime
services
scms
filed
complaint
federal
maritime
commission
fmc
independent
agency
alleging
port
violated
shipping
act
app
et
seq
assumed
without
deciding
fmc
exercise
judicial
power
federal
maritime
nonetheless
held
state
sovereign
immunity
barred
adjudication
scms
complaint
federal
maritime
turned
overwhelming
similarities
fmc
proceedings
civil
litigation
federal
courts
example
fmc
rules
governing
pleadings
discovery
similar
analogous
federal
rules
civil
procedure
moreover
noted
role
administrative
law
judge
impartial
officer
designated
hear
case
similar
article
iii
judge
citation
omitted
based
similarities
held
purposes
state
sovereign
immunity
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fmc
indistinguishable
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article
iii
tribunal
see
thus
federal
maritime
recognized
framers
found
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affront
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dignity
required
answer
complaints
private
parties
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courts
framers
found
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compel
simply
adjudication
takes
place
article
rather
article
iii
ibid
although
ignores
federal
maritime
altogether
reasoning
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case
similarities
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proceedings
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federal
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litigation
striking
indeed
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rules
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govern
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substantial
part
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complaint
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rule
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see
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rules
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rules
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party
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proceeding
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rule
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default
judgments
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rule
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rule
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similarities
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jurisdiction
premised
res
issuance
process
case
opposed
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judicial
process
ante
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views
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proceeding
case
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proceeding
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rule
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debtor
obtain
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rem
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ante
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simply
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proceeding
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indignity
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process
judicial
tribunals
instance
private
parties
ayers
federal
maritime
supra
alden
maine
seminole
tribe
florida
fact
alternative
proceeding
exists
use
might
offensive
state
sovereignty
irrelevant
whether
particular
proceeding
actually
used
subjects
particular
state
indignities
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process
indeed
dissent
federal
maritime
much
like
today
focused
fact
fmc
required
statute
evaluate
complaints
agency
adjudication
opinion
breyer
opted
evaluate
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manner
fact
bearing
decision
case
control
simply
ignore
fact
respondent
filed
complaint
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pray
ing
proper
process
issue
upon
hearing
upon
merits
issue
judgment
respondent
petitioner
allowing
respondent
debt
discharged
complaint
hardship
discharge
adversary
bkrtcy
wd
importantly
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proceeding
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require
state
defend
petitioner
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sense
effect
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proceeding
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whether
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personam
rem
order
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rejected
view
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effect
state
must
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ability
defend
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oppose
debtor
claim
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hardship
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authorized
enter
default
judgment
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making
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see
fed
rules
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proc
adopting
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rule
civ
proc
adversary
proceedings
contested
matters
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concludes
otherwise
tellingly
support
questionable
proposition
statement
made
oral
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see
ante
explain
part
infra
contest
assertion
bankruptcy
like
admiralty
might
limited
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necessarily
reject
argument
proceeding
resolved
motion
without
offending
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state
however
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proceed
motion
resolve
merits
based
solely
upon
might
occur
therefore
hold
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proceeding
case
constituted
suit
state
sovereign
immunity
purposes
difficulty
complexity
question
scope
bankruptcy
rem
jurisdiction
relates
state
interests
reason
address
question
without
complete
briefing
full
consideration
appeals
relying
recent
recognition
limited
rem
exception
state
sovereign
immunity
certain
admiralty
actions
see
california
deep
sea
research
recognizes
may
still
bound
judicial
actions
without
consent
ante
acknowledges
undisputed
fact
bankruptcy
discharge
proceedings
rem
proceedings
ante
facts
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standing
alone
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conclusion
rem
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case
deep
sea
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supra
make
clear
extent
rem
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much
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rem
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sovereign
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informed
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justice
story
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difference
admiralty
actions
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litigation
justice
story
doubted
whether
eleventh
amendment
extended
admiralty
maritime
suits
admiralty
jurisdiction
federal
founded
upon
possession
thing
state
interpose
claim
property
act
merely
character
defendant
actor
commentaries
constitution
ed
justice
story
supported
view
contrasting
suits
law
equity
suits
admiralty
received
separate
grant
jurisdiction
article
iii
however
since
adopted
narrow
understanding
rem
maritime
exception
see
ex
parte
new
york
admiralty
maritime
jurisdiction
exempt
operation
rule
state
may
sued
without
consent
thus
holding
deep
sea
research
limited
actions
res
within
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possession
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scope
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reveal
clear
principle
govern
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suits
exempt
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amendment
bar
fiske
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terms
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suit
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rem
quasi
rem
furnishes
ground
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contends
fiske
supports
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state
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fiske
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state
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fiske
part
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validity
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entered
determined
sophie
franz
life
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certain
shares
stock
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deceased
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franz
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dispute
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fiske
decide
whether
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state
might
bound
decree
party
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interest
see
least
leaves
doubt
extent
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village
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explicitly
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rem
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village
interpreted
waive
claims
declaratory
injunctive
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monetary
relief
government
sure
previously
held
state
bound
bankruptcy
adjudication
affects
state
interest
see
new
york
irving
trust
van
huffel
harkelrode
neither
cases
attempt
undertake
sovereign
immunity
analysis
irving
trust
instance
rested
congress
power
establish
uniform
laws
subject
bankruptcies
need
orderly
expeditious
proceedings
van
huffel
appeared
rest
decision
requirements
bankruptcy
administration
effect
rem
nature
proceedings
state
sovereign
immunity
perhaps
recognizing
precedents
support
weight
reasoning
attempts
limit
holding
explicitly
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find
rem
exception
every
exercise
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rem
jurisdiction
might
offend
state
sovereignty
ante
find
principle
opinion
distinguish
case
reason
undertake
complicated
inquiry
ii
congress
made
intent
abrogate
state
sovereign
immunity
bankruptcy
clause
clear
see
question
whether
bankruptcy
clause
grants
congress
power
repeatedly
stated
congress
may
base
abrogation
eleventh
amendment
immunity
upon
powers
enumerated
article
board
trustees
univ
garrett
see
also
kimel
florida
bd
regents
congress
powers
article
constitution
include
power
subject
suit
hands
private
individuals
florida
prepaid
postsecondary
ed
expense
bd
college
savings
bank
seminole
tribe
makes
clear
congress
may
abrogate
state
sovereign
immunity
pursuant
article
powers
despite
clarity
statements
appeals
held
bankruptcy
clause
operates
differently
congress
article
powers
uniformity
requirement
discussions
congress
inability
abrogate
state
sovereign
immunity
use
article
powers
reveal
limitation
therefore
reverse
judgment
appeals
foregoing
reasons
respectfully
dissent
footnotes
sallie
mae
original
holder
hood
student
loan
debt
november
sallie
mae
signed
assignment
proof
claim
transferring
debt
tsac
actual
proof
claim
filed
sallie
mae
bankruptcy
november
one
month
later
december
assignment
proof
claim
filed
hood
dispute
tsac
considered
state
purposes
eleventh
amendment
hood
argue
tsac
waived
sovereign
immunity
pass
judgment
question
missouri
fiske
contrary
case
private
individuals
sought
enjoin
state
missouri
prosecuting
probate
proceedings
state
contending
federal
district
made
final
determination
ownership
contested
stock
held
eleventh
amendment
prevented
federal
courts
entertaining
suit
federal
authority
issue
process
state
compel
subject
judgment
although
discharge
order
bankruptcy
code
operates
injunction
creditors
commence
continue
action
debtor
personam
recover
collect
discharged
debt
enforcement
injunction
state
federal
us
extent
fiske
relevant
present
context
supports
conclusion
discharge
order
binding
state
noted
state
might
still
bound
federal
adjudication
even
injunction
issue
unlikely
sub
silentio
overruled
holdings
irving
trust
van
huffel
fiske
justice
thomas
implies
see
post
dissenting
opinion
fiske
decided
year
irving
trust
say
bankruptcy
rem
jurisdiction
overrides
sovereign
immunity
nordic
village
justice
thomas
characterizes
opinion
post
rather
exercise
rem
jurisdiction
discharge
student
loan
debt
affront
sovereignty
state
hold
every
exercise
bankruptcy
rem
jurisdiction
offend
sovereignty
state
concerns
present
address
footnotes
gardner
new
jersey
also
aid
argument
although
gardner
held
reorganization
entertain
objections
state
asserted
claim
also
held
state
waived
immunity
filing
proof
claim
thus
obviating
need
consider
sovereign
immunity
question
context
rem
proceedings