Read the following excerpt from a US court opinion:
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of the Due Process Clause of the Fourteenth Amendment as it was under theories of Article I rejected by the Court in Seminole. As the Third Circuit stated in a related context: If a state’s conduct impacting on a business always implicated the Fourteenth Amendment, Congress would have almost unrestricted power to subject states to suit' through the exercise of its abrogation power. Congress could pass any law that tangentially affected the ability of businesses to operate and then create causes of action against the states in federal court if they infringed on those federally created rights. This result would be unacceptable and would conflict directly with the strict limits on Congress’s powers to abrogate a state’s El Postsecondary Educ. Expense Bd., 948 F.Supp. 400 (D.N.J.1996) , appeal pending, No. 97-1246 (Fed. Cir. argued
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What is the most suitable continuation to the opinion? Your options are:
A. holding that a patent is property for purposes of the fourteenth amendment and that remedial legislation abrogating state sovereign immunity under seminole is constitutional
B. holding agencies of state government are part of the state for purposes of sovereign immunity
C. holding retroactive a pennsylvania case abrogating common law sovereign immunity
D. holding the fourteenth amendment partially abrogated eleventh amendment sovereign immunity
E. holding that state sovereign immunity bars state constitutional claims
Reply with [A, B, C, D, E] only.