Also known as: abrogates · abrogated · abrogating · abrogation · abrogare · repeal · annul
Written by attorneys · grounded in primary & secondary sources — see below
To repeal, annul, or abolish a law, rule, or custom by authoritative act.
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President Torres signed a spending bill funding multiple federal programs but later issued an order canceling only the portion allocating funds to a particular infrastructure project. Congress had passed the bill in full without any provision authorizing partial cancellation. The order is invalid because the President lacks power to repeal discrete statutory provisions after enactment.
Avalon Pharmaceuticals shareholders convened a meeting and voted to repeal a bylaw previously adopted by the board that had restricted the timing of annual meetings. The articles of incorporation contained no reservation of exclusive amendment power to the board. The shareholder vote validly repealed the bylaw under the default statutory grant of authority to owners.
Sixteen-year-old Andre Antoine drove a delivery truck for Argonaut Shipping during a summer job. When he caused an accident, the court applied an adult standard of care rather than adjusting for his age. The modern rule had eliminated the age-based standard because the activity was one typically performed by adults.
Albert Allen sued his home state in federal court seeking damages for alleged violations of federal law. The state had not consented to suit and Congress had not enacted legislation removing the immunity. The Eleventh Amendment therefore barred the action in the absence of valid abrogation.
Aurora Biotech shareholders adopted a bylaw requiring a supermajority vote for any future change to quorum rules and expressly stated that the board could not amend or repeal that provision. The articles contained no reservation of exclusive power to the board. The board later attempted to restore the old quorum rule by majority vote, but the shareholder language prevented the board action.
Congress enacted a statute under the Indian Commerce Clause authorizing private damages suits against states for certain violations. A state defendant moved to dismiss on Eleventh Amendment grounds. The statute could not abrogate immunity because only enforcement legislation under the Fourteenth Amendment supplies the necessary constitutional basis.
Valid abrogation requires Congress to act pursuant to its enforcement power under Section 5 of the Fourteenth Amendment. Attempts resting solely on Article I powers such as the Indian Commerce Clause are insufficient to remove Eleventh Amendment immunity.
No. When shareholders amend or adopt a bylaw and expressly provide that the board may not amend or repeal it, the board lacks authority to change that provision absent an article reservation granting the board exclusive power.
No. The modern trend abrogates any age-based adjustment and applies an adult standard when a minor performs an activity normally undertaken by adults.
…officers reported by the circuit courts was deemed unconstitutional so far as it imposed duties on the courts, and after a repeal Congress provided a different mode and enacted that the Secretary of War in conjunction with the Attorney General take measures to obtain adjudication by the Supreme Court on the validity…