Central Va. Community College v. Katz - Oral Argument - October 31, 2005 Page 22

Central Va. Community College v. Katz

Media for Central Va. Community College v. Katz

Audio Transcription for Opinion Announcement - January 23, 2006 in Central Va. Community College v. Katz

Audio Transcription for Oral Argument - October 31, 2005 in Central Va. Community College v. Katz

William E. Thro:

--Yes.

Yes.

Ruth Bader Ginsburg:

--on that hands below.

William E. Thro:

You... it... you can... you should decide the question presented.

Yes, absolutely.

And if you decide the question presented in our favor... that is, that Congress has... does not have the power to abrogate sovereign immunity... you would presumably remand to the Sixth Circuit for further proceedings, consistent with your opinion.

At that time, Katz could attempt to present these other defenses.

We would, of course, argue that some of those defenses had not been properly preserved.

But it has not been briefed below.

John G. Roberts, Jr.:

Thank you, Counsel.

William E. Thro:

Thank you.

John G. Roberts, Jr.:

The case is submitted.