>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
I don't think so, Justin, unless the state government chooses to waive immunity. I don't think you can sue under federal law when there is no right of action to sue in the federal courts. Federalism is pretty bizarre, but I don't think its that bizarre.
I think you are looking for optimistic loopholes where there are none. And I agree with Marta that the march of cases is that no damages will be won against states in any form, although injunctive relief will hopefully remain. Unless the Supreme Court follows up on its statement that the ADA was not justified by the evidence to rule the whole law unconstitutional as outside the Congress's enumerated powers.
-- Nathan Newman