Congressional override of Geduldig
LEVINSON at JURIS.LAW.NYU.EDU
Mon Apr 24 12:48:10 PDT 2000
It's clear how Congress has the authority (at least given current law) to regulate private employers. But I'm still not clear how forcing the state to subsidize pregnancies (after Geduldig) withstands the Court's megelomaniacal analyses in Boerne and, especially Kimel. Geduldig: California's behavior not prohibited by Constitution. Congress: We're overruling the decision. Court: _______. Or is the answer, after Kimel, that the PDA is constitutional under the Commerce Clause, but that California can't be taken before a federal or state court to enforce the Act (unless, of course, it consents)?
More information about the Conlawprof