Congruence, Proportionality, and the ADA

[Michael MASINTER]

I agree, subject to what would seem the inevitable reconsideration of
Garcia and resurrection of National League of Cities.

Michael R. Masinter                     3305 College Avenue
Nova Southeastern University            Fort Lauderdale, Fl. 33314
Shepard Broad Law Center                (954) 262-6151
masinter at nova.edu                       Chair, ACLU of Florida Legal Panel

On Tue, 13 Mar 2001 LoAndEd at AOL.COM wrote:

> 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.
>   >>
>
>