Congruence, Proportionality, and the ADA

[LoAndEd at AOL.COM]

Title I of the ADA is permissible Commerce Clause legislation regulating the
employment relationship, even if (per Garrett) it isn't permissible section 5
legislation.  Accordingly, the substantive obligations of title I remain in
effect even as to the States, and may be enforced by means other than private
suits against the States.

Marty Lederman

John Noble writes:

<<
 If it isn't the abrogation of immunity that triggers the congruence
 and proportionality test, then doesn't federal enforcement fall with
 private enforcement in Garrett.
  >>