ADA suits against states struck down- what's next?

Justin Schwartz jkschw at hotmail.com
Mon Feb 26 10:17:06 PST 2001


No. The 11th amendment stuff just blocks lawsuits IN FEDERAL COURT. It's a jurisdictional issue, and the 11th amendment doesn't speak to the jurisdiction of the state courts. So the states can be sued under the ADA FOR DAMAGES in state court. --jks


>
>It's legally fucked up but the ADA holds both unions and states liable, but
>only the union can be sued. As you note, this may become a lovely point of
>leverage by state governments in a whole range of anti-discrimination areas
>where unions share joint liability and now all legal vulnerability.
>
>-- Nathan Newman
>

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