according to the 5-4 majority in today's Supreme Court decision in Central Virginia Community College v. Katz. In holding that states are not immune from suits by bankruptcy trustees to recover preferential transfers, the Court (Stevens, J.) concluded that it did not matter whether Congress had validly abrograted states' sovereign immunity because immunity had been "abrogated" by the Bankruptcy Clause. The court based its conclusion on an extensive historical analysis of the Bankruptcy Clause.
Justice Thomas dissented, joined by Chief Justice Roberts and Justices Scalia and Kennedy. He argued that the majority opinion turns the Court's recent sovereign immunity jurisprudence on its head.l
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