The ADA and the 11th Amendment

JKSCHW at aol.com JKSCHW at aol.com
Thu Jan 20 19:25:32 PST 2000


In a message dated 00-01-20 14:38:54 EST, you write:

<< As mentioned in my first post, the 8th Circuit Court of Appeals did rule Title II to be unconstitutional [Alsbrook v. City of Maumelle]. Section 504 of the Rehabilitation Act [Bradley v. Arkansas Department of Education] was also ruled unconstitutional.

>>

This is strange, at least as far as the 11A goes, because the Rehabilitation Act is the ADA for federal employees. The 11A says nothing about whether you can sue the feds. The 14A isa lso inapplicable, since it limits what the feds can do to the states. Ther reasonomg must be different from the S.Ct's in Kimel.

--jks



More information about the lbo-talk mailing list