Garrett

[lweinberg]

2/22/01
        Responding to my Garrett email, somebody mentioned the states'
struggles
to comply with overly expensive equipment for the disabled.   I can't find the
particular email.  That struck me as a good point.  Sometimes the remedy goes
in crazy directions.  I am among the illiberal folks who get irritated by
costly mandates having little to do with the underlying purposes of
legislation.  But I don't think we can say that about Christie Brzonkala --
Congress just provided a right to sue the rapist.  I don't think we can say
that about the probation workers in Maine.  They just wanted to get back the
wages they had worked for and earned (statutory damages went along with that).
The important point, though, is that the Court did not strike down costly
luxuries and leave the statute alone -- it struck down great swathes of these 9
laws wholesale.
Louise
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