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U.S.A. 9 UNITED STATES OF AMERICA

U.S.A. 9 UNITED STATES OF AMERICA Congress' power to abrogate a State's Eleventh Amendment immunity ― whether Title II of the Americans with Disabilities Act is a valid exercise of Congress' powers under the Fourteenth Amendment in cases involving the right of access to the courts HEADNOTES Facts Two paraplegics sued the State of Tennessee under Title II of the Americans with Disabilities Act (ADA), seeking to vindicate their right to access to the courts. The Court of Appeals for the Sixth Circuit affirmed the Federal District Court's denial of the State's motion to dismiss. The U.S. Supreme Court granted certiorari. Decision Affirmed. Title II, as applied to cases implicating the fundamental right of access to the courts, constitutes a valid exercise of Congress' enforcement power under the Fourteenth Amendment. Law applied Americans with Disabilities Act. See Judgment. JUDGMENT Justice STEVENS delivered the opinion of the Court. Title II of the Americans with Disabilities Act of 1990 ... provides that "no qualified individual with a disability shall, by reason of such disability, be ex- cluded from participation in or be denied the benefits of the services, programs or activities of a public entity, or be subjected to discrimination by any such entity." The question http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6028
DOI
10.1163/221160204X00462
Publisher site
See Article on Publisher Site

Abstract

Congress' power to abrogate a State's Eleventh Amendment immunity ― whether Title II of the Americans with Disabilities Act is a valid exercise of Congress' powers under the Fourteenth Amendment in cases involving the right of access to the courts HEADNOTES Facts Two paraplegics sued the State of Tennessee under Title II of the Americans with Disabilities Act (ADA), seeking to vindicate their right to access to the courts. The Court of Appeals for the Sixth Circuit affirmed the Federal District Court's denial of the State's motion to dismiss. The U.S. Supreme Court granted certiorari. Decision Affirmed. Title II, as applied to cases implicating the fundamental right of access to the courts, constitutes a valid exercise of Congress' enforcement power under the Fourteenth Amendment. Law applied Americans with Disabilities Act. See Judgment. JUDGMENT Justice STEVENS delivered the opinion of the Court. Title II of the Americans with Disabilities Act of 1990 ... provides that "no qualified individual with a disability shall, by reason of such disability, be ex- cluded from participation in or be denied the benefits of the services, programs or activities of a public entity, or be subjected to discrimination by any such entity." The question

Journal

International Labour Law Reports OnlineBrill

Published: Jan 1, 2003

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