How Allen v. Cooper Breaks Important New (if Dubious) Ground on Stare Decisis

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar comments on language in a recent U.S. Supreme Court decision, Allen v. Cooperdiscussing constitutional stare decisis in the context of state sovereign immunity. Amar points out some of the problems with the Court’s jurisprudence on state sovereign immunity and Congress’s Section 5 power, and he questions the Allen majority’s embrace of a “special justification” requirement for constitutional stare decisis.

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Lawson-Ross v. Great Lakes Higher Education Corp.

Docket: 18-14490

Opinion Date: April 10, 2020

Judge: Jill Pryor

Areas of Law: Consumer Law

Borrowers filed suit alleging that Great Lakes made affirmative misrepresentations to them and other borrowers that they were on track to have their student loans forgiven based on their public-service employment when, in fact, their loans were ineligible for the forgiveness program. Borrowers alleged a variety of claims under Florida law, including the Florida Consumer Collection Practices Act (FCCPA). The district court ruled that Borrowers' claims were preempted by a provision of the Higher Education Act of 1965 (HEA), which prohibits the application of state law disclosure requirements to loans made under federal student loan programs. The Eleventh Circuit held that the HEA, which expressly preempts state law disclosure requirements, does not preempt Borrowers' claims in this case. The court also held that Borrowers' claims are not otherwise preempted. Accordingly, the court vacated the district court's dismissal of the claims and remanded for further proceedings.