Boerne Fallout

[Douglas Laycock]

        Goshtasby v. Board of Trustees, 1997 WL 409401 (7th Cir. 1997) (per
Easterbrook, with Posner, & Manion), stays an age discrimination suit
against the University of Illinois pending the University's appeal asserting
11th Amendment immunity.  Two Seventh Circuit precedents hold that the Age
Discrimination in Employment Act is an exercise of section 5 power as
applied to the states, so that Congress had power to override the Eleventh
Amendment, but the panel holds that Boerne casts those decisions in doubt.