Congruence, Proportionality, and the ADA
masinter at NOVA.EDU
Tue Mar 13 22:49:43 PST 2001
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.
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